[Congressional Record Volume 167, Number 114 (Wednesday, June 30, 2021)]
[House]
[Pages H3338-H3576]
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 504, I call up
the bill (H.R. 3684) 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 (Mr. McGovern). Pursuant to House Resolution
504, 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 117-8, modified by Rules Committee Print 117-9
and the amendment printed in part B of House Report 117-74, is adopted,
and the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 3684
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 ``Investing in a New Vision
for the Environment and Surface Transportation in America
Act'' or the ``INVEST in America 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
2022
Sec. 101. Definitions.
Sec. 102. Extension of Federal Surface Transportation programs.
Sec. 103. Additional amounts for the Federal-aid highway program and
member designated projects.
Sec. 104. Federal Transit Administration.
Sec. 105. National highway traffic safety administration.
Sec. 106. Federal motor carrier safety administration.
Sec. 107. Member designated project authorizations.
DIVISION B--SURFACE TRANSPORTATION
Sec. 1001. Applicability of division.
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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. 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.
Sec. 1118. Accommodation of certain facilities in right-of-way.
Sec. 1119. Federal grants for pedestrian and bike safety improvements.
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.
Sec. 1217. Noise barriers.
Sec. 1218. Safe streets for all.
Sec. 1219. Youth service and conservation corps.
Subtitle C--Project-Level Investments
Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Clean corridors program.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural bridges program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active connected transportation grant program.
Sec. 1310. Wildlife crossings program.
Sec. 1311. Reconnecting neighborhoods program.
Sec. 1312. Apprenticeship utilization.
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.
Sec. 1511. Federal lands access program.
Subtitle F--Additional Provisions
Sec. 1601. Vision zero.
Sec. 1602. Speed limits.
Sec. 1603. Dig Once for broadband infrastructure deployment.
Sec. 1604. Stormwater best management practices.
Sec. 1605. Pedestrian facilities in the public right-of-way.
Sec. 1606. Highway formula modernization report.
Sec. 1607. Consolidation of programs.
Sec. 1608. Student outreach report to Congress.
Sec. 1609. Task force on developing a 21st century surface
transportation workforce.
Sec. 1610. On-the-job training and supportive services.
Sec. 1611. Appalachian development highway system funding flexibility.
Sec. 1612. Transportation education development program.
Sec. 1613. Working group on construction resources.
Sec. 1614. Numbering system of highway interchanges.
Sec. 1615. Toll credits.
Sec. 1616. Transportation construction materials procurement.
Sec. 1617. Nationwide road safety assessment.
Sec. 1618. Climate resilient transportation infrastructure study.
Sec. 1619. Natural gas, electric battery, and zero emission vehicles.
Sec. 1620. Guidance on evacuation routes.
Sec. 1621. High priority corridors on National Highway System.
Sec. 1622. Guidance on inundated and submerged roads.
Sec. 1623. Dry bulk weight tolerance.
Sec. 1624. Highway use tax evasion projects.
Sec. 1625. Labor standards.
Sec. 1626. Climate resiliency report by GAO.
Sec. 1627. Designation of John R. Lewis Voting Rights Highway.
Sec. 1628. GAO study on capital needs of public ferries.
Sec. 1629. Use of modeling and simulation technology.
Sec. 1630. GAO study on per-mile user fee equity.
Sec. 1631. GAO review of equity considerations at State DOTs.
Sec. 1632. Study on effectiveness of suicide prevention nets and
barriers for structures other than bridges.
Sec. 1633. Transportation planning activities.
Sec. 1634. Better Utilizing Infrastructure for Lasting Development of
Veterans Businesses.
Sec. 1635. Vehicle weight limitations.
Sec. 1636. Roadway worker protection working group.
Sec. 1637. GAO study on nature-based solutions for coastal highway
resilience.
Sec. 1638. Repeal of pilot program.
Sec. 1639. Technical corrections.
Sec. 1640. Credit adjustments for paycheck protection program loan
forgiveness under highway and public transportation
project cost reimbursement contracts.
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 years 2022 and 2023 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. Certification requirements.
Sec. 2112. Hold harmless.
Sec. 2113. Study on accessibility of public transportation.
Subtitle B--Improving Frequency and Ridership
Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive
grants.
Sec. 2202. Incentivizing frequency in the urban formula.
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. Spare ratio waiver.
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.
Sec. 2405. Workforce development training grants.
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.
Sec. 2504. Equity in transit service planning.
Sec. 2505. GAO study on fare-free 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.
Sec. 2607. Resilient public transportation study.
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.
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Sec. 2803. Federal Transit Administration Every Day Counts initiative.
Sec. 2804. Technical corrections.
Sec. 2805. National advanced technology transit bus development
program.
Sec. 2806. Public transportation innovation.
Sec. 2807. Transit vehicle battery recycling and reuse.
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.
Sec. 2917. Best practices for the application of National Environmental
Policy Act of 1969 to federally funded bus shelters.
Sec. 2918. Capital investment grant streamlining.
Sec. 2919. Disposition of rolling stock to improve air quality goals.
TITLE III--HIGHWAY TRAFFIC SAFETY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Fair and equitable traffic safety enforcement.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. National safety campaigns.
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.
Sec. 3014. Report on marijuana research.
Sec. 3015. Comptroller General study on national DUI reporting.
Sec. 3016. Report on impaired driving.
Sec. 3017. Impaired driving countermeasure.
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.
Sec. 4104. Operation of small commercial vehicles study.
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.
Sec. 4207. Broker guidance.
Sec. 4208. Review of labor laws.
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.
Sec. 4310. Application of commercial motor vehicle safety.
Sec. 4311. Use of data.
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.
Sec. 4409. Universal electronic identifier.
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. Transportation equity research program.
Sec. 5110. Surface transportation research, development, and
technology.
Sec. 5111. Metropolitan planning research pilot program.
Sec. 5112. Integrated project delivery.
Sec. 5113. Accelerated implementation and deployment of advanced
digital construction management systems.
Sec. 5114. Innovative material innovation hubs.
Sec. 5115. Strategic transportation research agenda.
Sec. 5116. Advanced transportation research and innovation program.
Sec. 5117. Interagency innovative materials standards task force.
Sec. 5118. Vehicular data analytics pilot program.
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. 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. Surface transportation workforce retraining grant program.
Sec. 5306. Third-party data integration pilot program.
Sec. 5307. Third-party data planning integration pilot program.
Sec. 5308. Automated commercial vehicle reporting.
Sec. 5309. Task Force to Promote American Vehicle Competitiveness.
Sec. 5310. Multimodal transportation demonstration program.
Sec. 5311. Heavy freight automated trucking research corridor.
Subtitle D--Surface Transportation Funding Pilot Programs
Sec. 5401. State 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. Advisory council on transportation statistics.
Sec. 5505. GAO review of discretionary grant programs.
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. Transportation equity advisory committee.
Sec. 6009. Sense of Congress.
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.
Sec. 8204. Lithium battery approval.
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. Bridges, stations, and tunnels (BeST) grant program.
Sec. 9106. Buy America.
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.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
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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. Access to recreational trails.
Sec. 9217. Amtrak cybersecurity enhancement and resiliency grant
program.
Sec. 9218. Amtrak and private cars.
Sec. 9219. Amtrak Office of Community Outreach.
Sec. 9220. Long-distance customer enhancement program.
Sec. 9221. Amtrak carbon-free and renewable energy initiatives.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. Interstate rail compacts.
Sec. 9305. High-speed rail updates.
Sec. 9306. State rail planning formula funds.
TITLE IV--COMMUTER RAIL POLICY
Sec. 9401. Sense of Congress regarding commuter rail liability
insurance.
Sec. 9402. Surface Transportation Board mediation of trackage use
requests.
Sec. 9403. Surface Transportation Board mediation of rights-of-way use
requests.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
Sec. 9501. Study on safety impact of long trains.
Sec. 9502. FRA safety reporting.
Sec. 9503. Waiver notice requirements.
Sec. 9504. Notice of FRA comprehensive safety compliance assessments.
Sec. 9505. FRA accident and incident investigations.
Sec. 9506. Freight train crew size safety standards.
Sec. 9507. Border crossings.
Sec. 9508. Yardmasters hours of service.
Sec. 9509. Leaking brakes.
Sec. 9510. Report on PTC system failures.
Sec. 9511. Fatigue reduction management plans.
Sec. 9512. Assault prevention and response plans.
Sec. 9513. Critical incident stress plans.
Sec. 9514. Crewmember certification and qualification.
Sec. 9515. Safety management team communication.
Sec. 9516. GAO study on reorganization of Office of Railroad Safety.
Sec. 9517. Open-top rail car public input.
Sec. 9518. New passenger service pre-revenue safety validation plan.
Sec. 9519. Safety oversight of nontraditional and emerging rail
technologies.
Sec. 9520. FRA safety inspector and specialist review.
Subtitle B--Grade Crossing Safety
Sec. 9551. Highway-rail grade crossing separation grants.
Sec. 9552. Rail safety public awareness grant.
Sec. 9553. Establishment of 10-minute time limit for blocking public
highway-rail grade crossings.
Sec. 9554. National blocked crossing database.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Railroad trespassing enforcement grants.
Sec. 9558. Railroad trespassing suicide prevention grants.
Sec. 9559. Including railroad suicides.
Sec. 9560. Report on safety measures required for Quiet Zones.
TITLE VI--MISCELLANEOUS
Sec. 9601. Rail network climate change vulnerability assessment.
Sec. 9602. Advance acquisition.
Sec. 9603. University Rail Climate Innovation Institute.
Sec. 9604. Workforce diversity and development.
Sec. 9605. Requirements for railroad freight cars entering service in
United States.
Sec. 9606. Rail research and development Center of Excellence.
Sec. 9607. Freight railroad locomotive requirements.
DIVISION E--SPORT FISH RESTORATION, RECREATIONAL BOATING SAFETY, AND
WILDLIFE RESTORATION
Sec. 9701. Short title.
Sec. 9702. Division of annual appropriations.
Sec. 9703. Recreational boating access.
Sec. 9704. Wildlife Restoration Fund administration.
Sec. 9705. Sport Fish Restoration and Boating Trust Fund.
Sec. 9706. Sport Fishing and Boating Partnership Council.
DIVISION F--AUTO SAFETY
Sec. 10101. Safety warning for occupants of hot cars.
Sec. 10102. Rulemaking to install automatic shutoff systems and
rollaway prevention technology in motor vehicles.
Sec. 10103. 21st Century Smart Cars.
Sec. 10104. Updating the 5-star safety rating system.
Sec. 10105. Advanced drunk driving prevention technology.
Sec. 10106. Limousine compliance with Federal safety standards.
Sec. 10107. Study to evaluate the performance of crash avoidance
systems.
Sec. 10108. Study and report on motor vehicle lamps.
DIVISION G--HIGHWAY TRUST FUND
Sec. 11001. Extension of Highway Trust Fund expenditure authority.
Sec. 11002. Additional transfers to Highway Trust Fund.
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
2022
SEC. 101. 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) Member designated project.--The term ``member
designated project'' means a project listed in the table in
section 107.
(4) Member designated project funds.--The term ``member
designated project funds'' means funds reserved under
subsections (d)(1)(B)(i), (f)(1)(A), and (g)(1)(A) to carry
out member designated projects listed in the table in section
107(c).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) State.--The term ``State'' means the 50 States and the
District of Columbia.
(7) 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.
SEC. 102. EXTENSION OF FEDERAL SURFACE TRANSPORTATION
PROGRAMS.
(a) Extension of Federal Surface Transportation Programs.--
(1) In general.--Unless 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, 2021, are incorporated by
reference and shall continue in effect through September 30,
2022.
(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 year 2022, for each program under the
covered laws with respect to which amounts are authorized to
be appropriated from such account for fiscal year 2021, an
amount equal to the amount authorized for appropriation with
respect to the program from such account for fiscal year
2021.
(II) Administrative expenses.--Notwithstanding any other
provision of this division, there is authorized to be
appropriated from the Highway Account for fiscal year 2022--
(aa) $516,000,000 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.--
(I) In general.--There is authorized to be appropriated
from the Mass Transit Account for fiscal year 2022, for each
program under the covered laws with respect to which amounts
are authorized to be appropriated from such account for
fiscal year 2021, an amount equal to the amount authorized
for appropriation with respect to the program from such
account for fiscal year 2021.
(II) 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 2022.
(B) General fund.--
(i) In general.--Except as provided in clauses (ii) and
(iii), there is authorized to be appropriated for fiscal year
2022, for each program under covered laws with respect to
which amounts are authorized to be appropriated for fiscal
year 2021 from an account other than the Highway Account or
the Mass Transit Account, an amount not less than the amount
authorized for appropriation with respect to the program
under the covered laws for fiscal year 2021.
(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 2022 $131,500,000 for necessary administrative expenses
of the Federal Transit Administration.
(iii) Capital investment grants.--Notwithstanding any other
provision of this division, there is authorized to be
appropriated from the general fund of the Treasury for fiscal
year 2022 $3,250,000,000 to carry out section 5309 of title
49, United States Code.
(3) Use of funds.--Except as otherwise provided in this
division, amounts authorized to be appropriated for fiscal
year 2022 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
[[Page H3342]]
the program for fiscal year 2021 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 2022 in the same amount and in
the same manner as the limitation applicable with respect to
the program for fiscal year 2021 under the title I of the
Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2021 (Public Law 116-260).
(B) Federal-aid highway and highway safety construction
programs.--
(i) In general.--Notwithstanding any other provision of
this section, section 1102 of the FAST Act (Public Law 114-
94), section 1101 of title I of division B of the Continuing
Appropriations Act, 2021 and Other Extensions Act (Public Law
116-159), or title I of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2021
(Public Law 116-260), for fiscal year 2022, the obligations
for Federal-aid highway and highway safety construction
programs shall not exceed $46,400,294,311.
(ii) Limitation on federal highway administration
administrative expenses.--Notwithstanding any other provision
of this section, of the amount described in clause (i), for
fiscal year 2022 an amount not to exceed $492,000,000
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 or transferred to the
Appalachian Regional Commission for administrative activities
associated with the Appalachian Development Highway System.
(b) Nationally Significant Freight and Highway Projects.--
Section 117(d)(2)(A) of title 23, United States Code, is
amended in the matter preceding clause (i)--
(1) by striking ``$600,000,000'' and inserting
``$700,000,000''; and
(2) by striking ``2021'' and inserting ``2022''.
(c) Disadvantaged Business Enterprises.--Section 1101(b) of
the FAST Act (Public Law 114-94) (except for the requirements
related to gross receipts under paragraph (2)(A)(ii) of such
section) shall apply to amounts made available under sections
102, 103, 104 of this division.
(d) Definitions.--In this section, the term ``covered
laws'' means the following:
(1) Section 1101 of title I of division B of the Continuing
Appropriations Act, 2021 and Other Extensions Act (Public Law
116-159).
(2) Titles I, III, IV, V, and VI of division A of the FAST
Act (Public Law 114-94).
(3) 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).
(4) Titles I, II, and III of the SAFETEA-LU Technical
Corrections Act of 2008 (Public Law 110-244).
(5) Titles I, II, III, IV, V, and VI of SAFETEA-LU (Public
Law 109-59).
(6) Titles I, II, III, IV, and V of the Transportation
Equity Act for the 21st Century (Public Law 105-178).
(7) Titles II, III, and IV of the National Highway System
Designation Act of 1995 (Public Law 104-59).
(8) 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).
(9) Title 23, United States Code.
(10) Sections 116, 117, 330, and 5505 and chapters 53, 139,
303, 311, 313, 701, and 702 of title 49, United States Code.
SEC. 103. ADDITIONAL AMOUNTS FOR THE FEDERAL-AID HIGHWAY
PROGRAM AND MEMBER DESIGNATED PROJECTS.
(a) Authorization of Appropriations.--
(1) In general.--In addition to amounts authorized under
section 102, there is authorized to be appropriated from the
Highway Account for fiscal year 2022, for activities under
this section, $14,742,808,640.
(2) Contract authority.--Amounts authorized to be
appropriated under paragraph (1) shall be available for
obligation as if apportioned under chapter 1 of title 23,
United States Code.
(b) Obligation Authority.--
(1) In general.--
(A) Amount.--Notwithstanding any other provision of law,
for fiscal year 2022, obligations for activities authorized
under subsection (a) shall not exceed $14,742,808,640.
(B) Period of availability.--
(i) In general.--Except as provided in clause (ii),
obligation authority made available under this paragraph
shall--
(I) remain available until September 30, 2025; and
(II) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for fiscal year 2022 under section 102
or future fiscal years under any other provision of law.
(ii) Exception.--Except as provided in subsection
(i)(2)(E), obligation authority associated with a member
designated project shall remain available until expended.
(2) Distribution of obligation authority.--
(A) In general.--Of the obligation authority provided under
paragraph (1), the Secretary shall make available to States,
Tribes, Puerto Rico, the territories, and Federal land
management agencies, during the period of fiscal year 2022,
amounts of obligation authority equal to the amounts
described in paragraphs (1) through (5) of subsection (c),
respectively.
(B) Further distribution.--Each State, each Tribe, Puerto
Rico, each territory, and each Federal land management agency
receiving funds under paragraphs (1) through (5) of
subsection (c), respectively, shall receive an amount of
obligation authority equal to the funds received under any of
such paragraphs.
(c) Distribution of Funds.--Amounts authorized to be
appropriated for fiscal year 2022 under subsection (a) shall
be distributed as follows:
(1) $14,343,545,973 to the States.
(2) $167,481,814 to Tribes.
(3) $52,400,251 to Puerto Rico.
(4) $55,012,918 to the territories.
(5) $124,367,684 to Federal land management agencies.
(d) Supplemental State Funds.--
(1) Distribution.--
(A) Among states.--Amounts distributed to States under
subsection (c)(1) 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
2022.
(B) Within a state.--Of the amount distributed to a State
under subparagraph (A)--
(i) the amount specified in section 107 for each member
designated project in the State shall be reserved to carry
out such project; and
(ii) any remaining amount shall be available to the State
under paragraph (2).
(2) Treatment.--Funds made available under paragraph
(1)(B)(ii) shall be--
(A) available for activities eligible under section 133(b)
of title 23, United States Code, subject to subsection (c) of
such section; and
(B) administered as if apportioned under chapter 1 of title
23, United States Code.
(e) Tribal Funds.--Amounts distributed to Tribes under
subsection (c)(2) shall be--
(1) available for activities eligible under the tribal
transportation program under section 202 of title 23, United
States Code; and
(2) administered as if allocated under section 202 of title
23, United States Code, except that the set-aside described
in subparagraph (C) of section 202(b)(3) of such title and
subsections (a)(6), (c), (d), and (e) of section 202 of such
title shall not apply to such funds.
(f) Puerto Rico Funds.--
(1) Distribution.--Of the amount distributed to Puerto Rico
under subsection (c)(3)--
(A) the amount specified in section 107 for each member
designated project in Puerto Rico shall be reserved to carry
out such project; and
(B) any remaining amount shall be available to Puerto Rico
under paragraph (2).
(2) Treatment.--Funds made available under paragraph (1)(B)
shall be--
(A) administered as if allocated under section 165(b) of
title 23, United States Code;
(B) available for activities described under paragraph
(2)(C)(iii) of such section; and
(C) not subsection to subparagraph (A) or (B) of paragraph
(2) of such section.
(g) Territorial Funds.--
(1) Distribution.--Of the amount distributed to a territory
under subsection (c)(4)--
(A) the amount specified in section 107 for each member
designated project in the territory shall be reserved to
carry out such project;
(B) of amounts remaining after the distribution under
subparagraph (A), not more than $1,392,918 shall be made
available to American Samoa; and
(C) any remaining amount shall be available to the
territories as described under paragraph (2).
(2) Treatment.--Funds made available under subparagraphs
(B) and (C) of paragraph (1) shall be administered as if
allocated under, and available for activities described
under, section 165(c) of title 23, United States Code.
(h) Federal Land Management Agency Funds.--
(1) Distribution.--Amounts distributed under subsection
(c)(5) shall be distributed among the Federal land management
agencies as follows:
(A) $99,494,147 for the National Park Service.
(B) $9,949,415 for the United States Fish and Wildlife
Service.
(C) $6,301,296 for the United States Forest Service.
(D) $8,622,826 to be allocated to the remaining Federal
land management agencies described in section 203(b) of title
23, United States Code.
(2) Treatment.--Funds made available under paragraph (1)
shall be--
(A) available for activities eligible under the Federal
lands transportation program under section 203 of title 23,
United States Code; and
(B) administered as if allocated under section 203 of title
23, United States Code.
(i) Member Designated Projects.--
(1) Treatment.--
(A) In general.--Member designated project funds shall be
available until expended, except as specified in paragraph
(2)(C)(iv).
(B) Requirements.--
(i) In general.--Except as specified in paragraph
(2)(C)(iv) or clauses (ii) or (iii), member designated
project funds shall be administered as if apportioned--
(I) for a project eligible under chapter 1 of title 23,
United States Code, under such chapter;
(II) for a project eligible under chapter 2 of title 23,
United States Code, under such chapter; or
(III) for a project eligible under chapter 53 of title 49,
United States Code, under such chapter.
(ii) Federal share.--Notwithstanding any other provision of
law, the Federal share of the cost of a project assisted with
member designated project funds shall be determined in
accordance with section 120 of title 23, United States Code,
or, in the case of a transit capital project, may be
determined in accordance with section 5323(i)(1) of title 49,
United States Code, if applicable.
(iii) Transit projects.--
(I) Transfers.--Member designated project funds made
available for transit capital and planning projects may be
transferred to, and administered by, the Secretary in
accordance with section 104(f) of title 23, United States
Code.
(II) Designated recipients.--Member designated project
authorizations specified in section 107 distributed to a
State for transit capital
[[Page H3343]]
and planning projects shall be made available for obligation
to a designated or direct recipient or subrecipient under
chapter 53 of title 49, United States Code, as specified in
section 107 or, if no such eligible recipient is identified,
to the designated recipient in the location specified in such
section.
(2) Repurposing of funds.--
(A) In general.--
(i) Request.--Beginning on October 1, 2025, except as
described in clause (ii), if less than 10 percent of the
amount reserved for a member designated project for a State,
Puerto Rico, or territory has been obligated, the State,
Puerto Rico, or a territory, respectively, may submit to the
Secretary, a request to use, under subparagraph (B)--
(I) the unobligated amount reserved for the member
designated project; and
(II) the obligation authority that is associated with such
amount.
(ii) Completed projects.--If the project has been completed
and an unobligated amount remains reserved for a member
designated project, a State, Puerto Rico, or territory may
submit to the Secretary certification that such project has
been completed (and the Secretary shall verify such
completion). Upon verification, the State, Puerto Rico, or
territory, respectively, may use, under subparagraph (B)--
(I) the unobligated amount reserved for the member
designated project; and
(II) the obligation authority that is associated with such
amount.
(B) Considerations.--In making the determination under
subparagraph (A)(i), the Secretary shall--
(i) consider whether the member designated project can be
completed with the amount reserved for the member designated
project and other committed funds;
(ii) determine whether the public entity serving as the
project sponsor listed in the Committee Report, or any
subsequent report superceding such Committee Report,
accompanying this Act supports the proposed repurposing; and
(iii) ensure that the proposed repurposing would be used
for a project with the same eligible project type.
(C) Treatment.--Funds for which the Secretary approves a
request or verifies a completed project under subparagraph
(A)--
(i) may be used and shall be treated--
(I) for a request by a State, as if such amount was made
available under subsection (d)(1)(B)(ii);
(II) for a request by Puerto Rico, as if such amount was
made available under subsection (f)(1)(B); and
(III) for a request by a territory, as if such amount was
made available under subsection (g)(1)(C);
(ii) shall be used within the location described in
subparagraph (D)(ii);
(iii) shall be subject to the Federal share specified in
section 120 of title 23, United States Code, or, in the case
of a transit capital project, may be determined in accordance
with section 5323(i)(1) of title 49, United States Code, as
applicable; and
(iv) notwithstanding paragraph (1)(A)(ii), shall remain
available for obligation for a period of 3 fiscal years after
the last day of the fiscal year in which the Secretary
approves the request.
(D) Location of projects.--Funds for which the Secretary
approves a request under subparagraph (A) shall--
(i) for funds specified in section 107 to be used within a
metropolitan planning area (as such term is defined in
section 134(b) of title 23, United States Code), applied to
an activity within or predominantly serving such metropolitan
area;
(ii) for funds specified in section 107 to be used within a
political subdivision of a State, applied to an activity
within or predominantly serving such political subdivision;
(iii) for funds specified in section 107 to be used within
Puerto Rico, applied to an activity within Puerto Rico; and
(iv) for funds specified in section 107 to be used within a
territory, applied to an activity within such territory.
(E) Obligation authority.--Notwithstanding subsection
(b)(1)(B)(ii), obligation authority that is repurposed under
this paragraph shall remain available for obligation for a
period of 3 fiscal years after the last day of the fiscal
year in which the Secretary approves the request or verifies
the completed project under subparagraph (A).
SEC. 104. FEDERAL TRANSIT ADMINISTRATION.
(a) All Stations Accessibility Program.--
(1) In general.--The Secretary may make grants under this
subsection to assist eligible entities in financing capital
projects to upgrade accessibility for persons with
disabilities by increasing the number of covered stations
that meet (including exceeding) the new construction
standards of title II of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12131 et seq.).
(2) Eligible costs.--A grant awarded under this section
shall be used on a covered system for the purpose described
in paragraph (1) only--
(A) for a project to repair, improve, or relocate station
infrastructure at a covered station;
(B) to develop or modify a plan for pursuing public
transportation accessibility projects; or
(C) to carry out other projects at covered stations that
meet (including exceeding) the new construction standards of
title II of the Americans with Disabilities Act of 1990 (42
U.S.C. 12131 et seq.).
(3) Eligible facilities.--The Secretary--
(A) may not provide a grant awarded under this subsection
to upgrade a station that is accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, consistent with current new construction
standards under title II the Americans with Disabilities Act
of 1990 (42 U.S.C. 1231 et seq.); and
(B) may provide a grant to upgrade a station that is not
accessible and usable as described in paragraph (1), even if
related services, programs, or activities, when viewed in
entirety, are readily accessible and usable as so described.
(4) Application.--To apply for a grant under this
subsection, an applicant shall provide to the Secretary such
information as the Secretary may require, including, at a
minimum, information on--
(A) the extent to which the proposed project will increase
the accessibility of a covered system;
(B) projected improvements in access to jobs, community
activities, and essential destinations provided by such
project;
(C) the applicant's plans to--
(i) enhance the customer experience and maximize
accessibility of rolling stock and stations for individuals
with disabilities;
(ii) improve the operations of, provide efficiencies of
service to, and enhance the public transportation system for
individuals with disabilities; and
(iii) address equity of service to all riders regardless of
ability, including for riders of differing abilities that are
low-income, seniors, or riders from communities of color; and
(D) coordination between the applicant and disability
advocacy entities.
(5) Federal share.--The Federal share of the net project
cost of a grant provided under this subsection shall be 90
percent. The recipient may provide additional local matching
amounts.
(6) Grant requirements.--Except as otherwise provided under
this subsection, a grant provided under this subsection shall
be subject to the requirements of section 5307 of title 49,
United States Code.
(7) Grant solicitation.--The Secretary may provide funds
authorized under this subsection through 1 or more notices of
funding opportunity.
(8) Authorization of appropriations.--There is authorized
to be appropriated from the Mass Transit Account
$1,000,000,000 for fiscal year 2022 to provide grants under
this subsection.
(9) Availability of amounts.--Amounts made available under
this subsection--
(A) shall remain available for 4 fiscal years after the
fiscal year for which the amount is made available; and
(B) that remain unobligated at the end of the period
described in subparagraph (A) shall be made available to
other eligible projects.
(10) Definitions.--In this section:
(A) Covered station.--The term ``covered station'' means a
rail fixed guideway public transportation station for
passenger use constructed prior to the date of enactment of
this Act.
(B) Covered system.--The term ``covered system'' means a
rail fixed guideway public transportation system that was in
operation before July 26, 1990.
(C) Disability.--The term ``disability'' has the meaning
given such term in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
(D) Eligible entity.--The term ``eligible entity'' means a
State or local governmental authority that operates a rail
fixed guideway public transportation system that was in
operation before July 26, 1990.
(b) Reducing Transit Deserts.--
(1) In general.--The Secretary may make grants under this
subsection to eligible recipients for eligible projects to
establish new bus service or increase the frequency of bus
service.
(2) Eligible projects.--Eligible projects under this
subsection are projects in eligible areas--
(A) to establish or enhance bus service with headways equal
to or shorter than 20 minutes for at least 18 hours per day
in neighborhoods lacking such service;
(B) to establish or increase express lane transit service
that connects communities to jobs and essential destinations,
as long as such service will improve mobility or expand
affordable transportation options in underserved communities;
or
(C) to establish or enhance high-quality bus service to
community colleges and Minority Serving Institutions,
including Historically Black Colleges and Universities.
(3) Eligible costs.--Eligible costs under this section
include--
(A) acquisition of vehicles;
(B) acquisition, installation, and construction of bus
stops, stations, and related infrastructure;
(C) construction or expansion of maintenance facilities to
support the new or enhanced service;
(D) maintenance activities to support the expanded service;
and
(E) operating expenses for up to 2 years beginning on the
first day of revenue service.
(4) Application.--To apply for a grant under this
subsection, an applicant shall provide to the Secretary such
information as the Secretary may require, including
information on the extent to which the project will--
(A) provide reliable and frequent connections to jobs,
education and workforce training, and essential destinations;
(B) reduce air pollution and greenhouse gas emissions; and
(C) support unserved and underserved populations and
communities.
(5) Federal share.--
(A) In general.--The Federal share of the net project cost
of a capital project carried out using a grant under this
subsection shall be 80 percent. The recipient may provide
additional local matching amounts.
(B) Operating costs.--The Federal share of net operating
costs for a project carried out
[[Page H3344]]
using a grant under this subsection shall be not more than 50
percent.
(6) Grant requirements.--
(A) In general.--A grant under this subsection shall be
subject to the requirements of section 5307 of title 49,
United States Code, for eligible recipients, except operating
expenses shall be eligible for funding under this subsection
for 2 years beginning on the first day of revenue service in
urbanized areas with populations greater than 200,000.
(B) New or enhanced service.--The new or enhanced service
funded under this subsection shall be operated for a period
of at least 5 years.
(7) Grant solicitation.--The Secretary may provide funds
authorized under this subsection through 1 or more notices of
funding opportunity.
(8) Justice40 initiative.--In making competitive grants
under this subsection, the Secretary shall, to the extent
practicable, have a goal that 40 percent of the overall
benefits of the Federal investment flow to disadvantaged
communities, consistent with sections 219 and 223 of
Executive Order 14008 and related regulations, Executive
Orders, and administrative guidance.
(9) Availability of amounts.--Any amounts made available
under this subsection--
(A) shall remain available for 2 fiscal years after the
fiscal year for which the amount is made available; and
(B) that remain unobligated at the end of the period
described in subparagraph (A) shall be made available to
other eligible projects.
(10) Authorization of appropriations.--There is authorized
to be appropriated out of the Mass Transit Account
$1,000,000,000 for fiscal year 2022 to provide grants under
this subsection.
(11) Definitions.--In this subsection:
(A) Eligible area.--The term ``eligible area'' means a
neighborhood or service area, as defined by the Secretary,
within an urbanized area that has a population of more than
100,000 where fewer than 45,000 annual fixed route bus
vehicle revenue miles per square mile are operated.
(B) Eligible recipient.--The term ``eligible recipient''
means--
(i) designated recipients that allocate funds to fixed
route bus operators or express lane transit operators; or
(ii) State or local governmental entities that operate or
propose to operate fixed route bus service or express lane
transit.
(C) Express lane transit.--The term ``express lane
transit'' means an integrated combination of bus rapid
transit and tolled managed lanes that allows for limited
access entry of toll paying vehicles to restricted lanes,
while prioritizing transit's need and use of available
capacity in order to improve transit performance.
(c) Federal Share Adjustments.--
(1) In general.--In addition to amounts made available
under section 5338(b) of title 49, United States Code, and
section 102(a)(2)(B)(iii) of this division, there are
authorized to be appropriated for fiscal year 2022 such sums
as may be necessary to increase the Federal share, at the
request of the project sponsor, of a new fixed guideway, a
core capacity improvement, or a small starts project that is
not open to revenue service and that has received an
allocation of funding in fiscal years 2019, 2020, or 2021.
(2) Criteria.--In making allocations under subparagraph
(1), the Secretary shall take into consideration the extent
to which the project sponsor demonstrates a need for a higher
Federal share, including the extent to which--
(A) a project sponsor made a local financial commitment
that exceeded 20 percent of the cost of the project; and
(B) a project sponsor has experienced, as a result of the
coronavirus public health emergency.
(3) Adjustment.--Notwithstanding any other provision of
law, if a project meets 1 or both of the criteria in
paragraph (2), the Secretary shall increase the Federal share
of a project under this section by up to 30 percent, up to a
maximum of an 80 percent Federal share.
(4) Amount.--Amounts distributed under this subsection
shall be provided notwithstanding the limitation of any
calculation of the maximum amount of Federal financial
assistance for the project for a new fixed guideway, a core
capacity improvement, or a small start project.
SEC. 105. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
(a) Special Funding for Fiscal Year 2022.--
(1) In general.--
(A) Authorization of appropriations.--In addition to
amounts authorized under section 102, there is authorized to
be appropriated from the Highway Account for fiscal year
2022, 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 2022, obligations for
activities authorized under this paragraph and obligations
for activities authorized under section
102(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 2022 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) 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, fiscal year 2022, 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.
SEC. 106. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.
(a) Special Funding for Fiscal Year 2022.--
(1) Authorization of appropriations.--
(A) In general.--In addition to amounts authorized under
section 102, there is authorized to be appropriated from the
Highway Account for fiscal year 2022, for activities under
this subsection, $209,900,000.
(B) Obligation limitation.--Notwithstanding any other
provision of law, for fiscal year 2022, 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 2022 under paragraph (1) shall
be distributed as follows:
(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.--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) 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--
(1) the acceleration of planned investments to modernize
the Administration's information technology and information
management systems;
(2) the completion of outstanding statutory mandates
required by MAP-21 (112-141) and the FAST Act (114-94); and
(3) a Large Truck Crash Causal Factors Study of the
Administration.
SEC. 107. MEMBER DESIGNATED PROJECT AUTHORIZATIONS.
(a) Member Designated Projects.--The amount listed for each
member designated project in the table in subsection (c)
shall be available (from amounts made available by paragraphs
(1), (3), and (4) of section 103(c)) for fiscal year 2022 to
carry out each such project.
(b) Savings Clause.--
(1) Additional information.--In administering member
designated projects, the Secretary shall consider the
additional information provided in the Committee Report, or
any subsequent report superceding such Committee Report,
accompanying this Act.
(2) Subsequent phases.--
(A) In general.--Subject to subparagraph (B), nothing in
the table in subsection (c), or in the Committee Report, or
any subsequent report superceding such Committee Report,
accompanying this Act, shall prevent the Secretary, at the
discretion of the Secretary, from allowing a subsequent phase
of a member designated project to be carried out with funds
reserved for such project under subsection (c).
(B) Project sponsor concurrence.--The Secretary shall only
allow under this paragraph a subsequent phase of a member
designated project to be carried out with funds reserved for
such project under subsection (c) with the concurrence of the
project sponsor for such project listed in the Committee
Report, or any subsequent report superseding such Committee
Report, accompanying this Act.
(3) Repurposing.--Nothing in the table in subsection (c),
or the Committee Report, or any subsequent report superceding
such Committee Report, accompanying this Act, shall prevent
funds reserved for a member designated project from being
repurposed as described in section 103(i)(2), provided that
all requirements in such section are satisfied.
(c) Project Designations.--The table in this subsection is
as follows:
----------------------------------------------------------------------------------------------------------------
No. Project Name City State/Territory Amount
----------------------------------------------------------------------------------------------------------------
1 Cowles Street Reconstruction Fairbanks AK 7,955,000
2 Replace Bridge 114.3 Anchorage AK 6,421,200
3 Seldon Road Extension, Phase 2 Wasilla AK 5,623,800
[[Page H3345]]
4 Alabama State Highway 77 Northbound Southside AL 2,396,200
Bridge Replacement Project
5 Lighting and Landscaping on I-85 at Auburn AL 1,840,000
Exit 57
6 Realignment of SR-22 to US-431 Roanoke AL 8,005,000
7 Red Bay Interchange Lighting at SR- Red Bay AL 860,000
24 (Corr V) and SR-19
8 Widening of Hwy 411 Moody AL 509,000
9 Bridge Replacement on CR-39 Montgomery AL 2,339,717
10 Bridge Replacement over Sipsey Greene and Pickens AL 3,296,963
River Counties
11 Dallas County--Bridge Replacement Dallas County AL 6,239,939
on SR-14
12 Resurfacing on US-43 Marengo County AL 1,616,000
13 Resurfacing on US-84 Choctaw County AL 1,616,000
14 Streetscape--Civil Rights District Birmingham AL 2,000,000
Freedom Trail
15 Streetscape--Richard Arrington Blvd Birmingham AL 1,969,664
Safety Improvements
16 Future I-57 Clay County AR 20,000,000
17 56th Street Roadway Mobility and Phoenix AZ 5,000,000
Safety Improvements
18 5th/6th Street Complete Streets Tucson AZ 7,000,000
Project
................................... ..................... ..................... 3,500,000
................................... ..................... ..................... 3,500,000
19 77th Street Access Improvements Scottsdale AZ 1,102,748
20 Chino Road Extension Phase II Douglas AZ 2,910,000
21 Cool Pavement Program Phoenix AZ 3,200,000
22 Davis Road Mileposts 5 & 13 Tombstone and McNeal AZ 4,000,000
23 Downtown Electric Vehicle Charging Phoenix AZ 2,400,000
Stations
24 Drexel Road Extension and Bridge Tucson AZ 5,000,000
Project
25 Electric Bus Infrastructure Flagstaff AZ 1,485,000
26 Flashing Yellow Arrow (FYA) Phase Glendale AZ 800,000
III
27 Grand Canalscape Improvements Phase Phoenix AZ 5,000,000
IV: 47th Avenue to Interstate 17
28 Highline Canal Recreational Path Guadalupe AZ 501,824
Lighting Replacement
29 I-10, Loop 202 to SR 387 Phoenix AZ 5,000,000
30 Intersection Safety Improvements at Phoenix AZ 5,760,000
Six High-Crash Locations in
Phoenix
31 Kyrene Branch Canal Shared Use Path Chandler AZ 1,758,000
32 Lone Tree Corridor Flagstaff AZ 8,000,000
33 Pathway Project, Baffert Dr to Nogales AZ 1,220,169
Nogales High School
34 Peters Road Widening Casa Grande AZ 5,000,000
35 San Xavier Road Pedestrian Pathway Tucson AZ 814,000
Project
36 Sonoran Corridor Tier II EIS Tucson AZ 5,000,000
37 South Campbell Avenue Complete Tucson AZ 6,209,831
Streets Project
38 Tempe/Mesa Streetcar Rio Salado Tempe and Mesa AZ 4,000,000
East Extension
39 Tucson Regional North-South Bus Tucson AZ 6,512,000
Rapid Transit (BRT) Corridor
................................... ..................... ..................... 3,256,000
................................... ..................... ..................... 3,256,000
40 US89/ Lake Powell Blvd Roundabout Page AZ 5,000,000
................................... ..................... ..................... 2,500,000
................................... ..................... ..................... 2,500,000
41 California State Route 57/60 Diamond Bar CA 18,000,000
Confluence Chokepoint Relief
Program
42 Cohasset Road Widening and Fire Cohasset CA 900,000
Safety Project
43 Commerce Center Drive Bridge, Los Unincorporated Los CA 3,666,666
Angeles County Angeles County
44 Creating the Next-Generation Santa Santa Ana CA 1,280,000
Ana Regional Transportation Center
45 First Avenue Bridges Replacement Barstow CA 7,000,000
over Mojave River and Overflows
46 First Street Pedestrian Santa Ana CA 4,000,000
Improvements
47 Fix 5 Cascade Gateway Redding CA 15,000,000
48 Harbor Boulevard Street Garden Grove CA 6,248,303
Improvements
49 Intersection Safety Improvements Anaheim CA 750,000
Projects
50 Interstate 10/Wildwood Canyon Road Yucaipa CA 1,000,000
Interchange Project
51 Interstate 15 (I-15)/State Route 78 Escondido CA 20,000,000
(SR-78) Managed Lanes Project
52 Interstate 15 Corridor Operations Corona CA 3,000,000
Project
53 National Trail Highway Widening Victorville CA 5,000,000
54 Plant 42 Access and Safety Palmdale CA 8,666,666
Enhancements
55 Quick Fix Circulation Improvement Santa Clarita CA 3,666,666
Project
56 Roe Road Extension Project--Phase 1 Paradise CA 1,800,000
57 Scott Road/Bundy Canyon Road Menifee CA 12,000,000
Widening Project
58 Sequoia Avenue Railroad Grade Simi Valley CA 4,000,000
Crossing Upgrade
59 Southgate Interchange (EIR Only) Chico CA 1,800,000
60 SR-210 5th Street Interchange Highland CA 3,000,000
61 State Route 41 Excelsior Corridor Fresno County CA 20,000,000
Project
62 Temescal Canyon Road Widening Corona CA 5,000,000
Project (El Cerrito Segment)
63 The Anaheim Way: Night Owl Transit Anaheim CA 650,000
Service
64 Transit Security & Operations Anaheim CA 5,000,000
Center
65 US395 Olancha-Cartago 4 Lane Olancha, Cartago CA 2,000,000
Project
66 ``I'' Street Operating Maintenance San Bernardino CA 2,000,000
Facility Rehabilitation Project
67 Street Resurfacing Project Daly City CA 1,000,000
68 5 and 134 Freeway Electric Vehicle Burbank CA 1,000,000
DC Fast Charging Network
[[Page H3346]]
................................... ..................... ..................... 500,000
................................... ..................... ..................... 500,000
69 7th Street Bridge Modesto CA 6,500,000
70 ADA Curb-Ramp and Sidewalk Long Beach CA 1,450,000
Improvements
71 Additional Mini Highs at Caltrain San Francisco, CA 856,000
Stations Burlingame, San
Mateo, Belmont, Palo
Alto, Mountain View,
Sunnyvale, San Jose,
Morgan Hill, San
Martin, and Gilroy
................................... ..................... ..................... 306,000
................................... ..................... ..................... 550,000
72 Agnew Siding Track Infrastructure Santa Clara CA 6,610,000
Project
73 Alder Avenue Improvements at SR-210 Rialto CA 2,380,000
74 Altadena Community Safe Routes to Altadena CA 480,000
School Plan
75 Amar Road Complete Streets from La Puente CA 2,250,000
Baldwin Park Boulevard to Unruh
Avenue, Unincorporated West Puente
Valley, CA
76 Anaheim Street Corridor Long Beach CA 12,000,000
Improvements
77 Antioch Bicycle Garden Antioch CA 2,000,000
78 Appian Way Pedestrian Crossing El Sobrante CA 2,000,000
Enhancements
79 Arcade-Cripple Creek Trail Citrus Heights and CA 1,100,000
(formerly Electric Greenway Trail) Orangevale
80 Arrow Highway Median Island Azusa CA 3,000,000
Installation Project from Azusa
Avenue to Citrus Avenue
81 Arrow Highway Rehabilitation San Dimas CA 1,600,000
Project from East City Limit to
West City Limit
82 Artesia Great Boulevard Long Beach CA 8,000,000
83 At-grade Caltrain Crossing Safety San Mateo CA 3,000,000
Project--E. Bellevue Avenue and
Villa Terrace
84 Atlantic Avenue Improvements Los Angeles CA 5,200,000
85 Atwater-Merced Expressway (AME) Merced CA 2,000,000
Phase 1B Right of Way acquisition
86 Azusa Avenue Pedestrian Handicap West Covina CA 3,000,000
Accessibility & Signal
Synchronization Improvements
Project
87 Bay Bridge Forward - I-80/Powell Emeryville and CA 3,000,000
Street Transit Access and I-80 Oakland
Westbound Bus Lane Extension
88 Bay Trail at Shoreline Park San Leandro CA 3,000,000
89 Bay Trail Connectivity--Vista Point Sausalito CA 1,300,000
Bay Trail
90 Belmont Alameda de las Pulgas Belmont CA 2,400,000
Corridor Project
91 Beverly and Robertson Boulevards West Hollywood CA 3,000,000
Complete Street Improvements
92 Boulder Creek Complete Streets Boulder Creek CA 1,500,000
Improvements Project
93 Broadway Rehabilitation Project Glendale CA 2,008,000
94 Build a non-motorized multi-use Cayucos CA 4,000,000
path along State Route 1,
connecting the communities of
Morro Bay and Cayucos in San Luis
Obispo County
95 Bus/Rail Support Facilities and San Diego CA 2,000,000
Equipment (Trolley Yard Expansion
Project)
96 Cabrillo Mole Phase II Avalon CA 6,700,000
97 Caltrain Crossing Optimization San Jose CA 315,000
Project
98 Camino Pablo Pathway Rehabilitation Orinda CA 528,000
Project
99 Capital SouthEast Connector-- Folsom CA 2,000,000
Segment D3 Class 1 Multi-Use Path
and Broadband
100 Central Avenue Safety Improvement Alameda CA 1,800,000
Project - Additional Roundabout
101 Central Mobility Hub Pre- San Diego CA 25,000,000
Construction Project
................................... ..................... ..................... 12,500,000
................................... ..................... ..................... 12,500,000
102 Chandler Blvd Bike Path Gap Closure Los Angeles CA 400,000
103 Chapman Avenue/Lamplighter Street Garden Grove CA 400,000
Traffic Signal
104 Chip Seal Program Lakeport CA 2,288,000
105 City of Ojai Electric Trolley Ojai CA 440,000
106 City of San Fernando Fixed Trolley City of San Fernando CA 1,340,000
Service - Electric Buses
107 City of San Fernando Sidewalk City of San Fernando CA 844,800
Repair Project
108 City of Vista Sidewalk Improvement Vista CA 820,368
Project on Nevada Avenue and Lemon
Avenue
109 Community Beautification Project Glendale CA 2,400,000
110 Cool Neighborhood Projects Los Angeles CA 1,000,000
111 Covina Grade Crossing Safety Covina CA 3,000,000
Projects throughout Metrolink
Corridor
112 Cudahy Citywide Complete Streets Cudahy CA 1,700,000
Improvement Project
113 CUFC--Washington Street Widening Stockton CA 1,200,000
Project
114 Culver CityBus Fleet Culver City CA 3,500,000
Electrification Facility
Infrastructure
115 Del Amo Boulevard Bridge Cerritos CA 18,000,000
Replacement and Signal
Enhancements Project
116 Destination Crenshaw Streetscape Los Angeles CA 7,600,000
Improvement Project
117 Downtown Mobility Phase 3A San Diego CA 5,600,000
118 Duarte--Donald & Bernice Watson Duarte CA 1,225,000
Multi-Use Pathway Improvement
Project
119 East Bayshore Road Safety East Palo Alto CA 1,000,000
Improvements
120 East Los Angeles Community Mobility Los Angeles CA 800,000
121 East Oakland Hydrogen Fueling Oakland CA 2,000,000
Upgrade
[[Page H3347]]
122 East San Fernando Valley Traffic Van Nuys and North CA 1,797,312
Signals on the High Injury Network Hollywood
123 East San Fernando Valley Transit Van Nuys, Arleta, CA 1,236,000
Corridor (ESFVTC) Transit-Oriented Pacoima
Community (TOC) Plan
124 East San Fernando Valley Transit City of San Fernando CA 10,000,000
Corridor Project to Van Nuys
125 East San Jose Corridor Safety San Jose CA 4,700,000
Improvement Project
126 El Camino Real to Via De LaValle San Diego CA 2,500,000
127 El Cerrito del Norte Area TOD El Cerrito CA 2,244,000
Complete Streets Improvements
Project
128 Electric Vehicle Car Share Program San Pedro CA 120,650
129 Elm Avenue Road Diet Reconstruction Fresno CA 3,750,000
and Class IV-Ventura/California to
North Avenue
130 Embarcadero Station Platform San Francisco CA 6,250,000
Elevator Capacity and Redundancy
Project
131 Emerald Necklace Quarry Clasp Peck Arcadia CA 1,548,800
Park Trail
132 Evelyn Avenue Multi-Use Trail Sunnyvale CA 3,800,000
133 Flint Canyon Trail Repair/ La Canada Flintridge CA 4,800,000
Restoration
134 Florence A Line FLM Improvements Los Angeles CA 4,000,000
135 Francisquito Avenue Metrolink At- Baldwin Park CA 2,300,000
Grade Safety Improvements
136 Gardena GTrans Zero-Emission Bus Gardena CA 4,400,000
Project
137 Garfield Avenue Complete Streets San Pedro CA 1,500,000
138 Glendora People Movement Glendora CA 5,000,000
139 Gold Line Light Rail Low Floor Folsom and Rancho CA 1,913,788
Station Conversion Cordova
140 Golden Gate Bridge Physical Suicide San Francisco CA 6,550,000
Deterrent System (SDS) Project
141 Hale Avenue/Santa Teresa Expressway Morgan Hill CA 800,000
Extension Phase 2A
142 Harbor Drive 2.0 San Diego and CA 800,000
National City
................................... ..................... ..................... 400,000
................................... ..................... ..................... 400,000
143 Hawthorne--120th Street Improvement Hawthorne CA 950,000
Project
144 High Voltage Conversion Fed Program City of Los Angeles CA 347,200
Unit 2
145 Highland Avenue and Wabash Avenue Redlands CA 400,000
Intersection Improvement Project
146 Highway 1 North Bicycle/Pedestrian Half Moon Bay CA 1,000,000
Improvements Project
147 Highway 116/West Cotati Cotati CA 2,000,000
Intersection Safety Improvement
Project
148 Highway 24 LaMorinda Smart Signal Orinda and Lafayette CA 2,000,000
System project
149 Highway 9 Safety Improvement Monte Sereno CA 520,000
Project
150 Highways to Boulevards Los Angeles CA 480,000
151 I Street Bridge Replacement Project Sacramento and West CA 15,000,000
Sacramento
152 I-405 Sepulveda Pass (Phase 1) Los Angeles CA 5,000,000
ExpressLanes
153 I-505 Vaca Valley Parkway Corridor Vacaville CA 4,000,000
Multimodal Improvements Project
154 Inglewood Transit Connector (ITC) Inglewood CA 9,200,000
155 Interstate 15 Northern Extension (I- Jurupa Valley and CA 20,000,000
15 NEXT) Eastvale
156 Jepson Parkway Vanden Road Complete Fairfield CA 7,460,000
Streets Project to Travis Air
Force Base
157 LA Streetcar Power Utility Los Angeles CA 2,000,000
Relocations
158 Lawndale--Redondo Beach Blvd Lawndale CA 1,000,000
Project
159 Leesdale Passing Siding Extension Camarillo CA 6,000,000
and Upgrade, Ventura County, CA
160 Leucadia Streetscape Phase 2 (Shown Encinitas CA 4,000,000
in the TransNet as North Coast
Highway 101 Beautification)
161 Liberty Canyon (Crossing) Agoura Hills CA 5,000,000
162 Link Union Station Los Angeles CA 5,000,000
163 Los Nietos Sunshine Shuttle Unincorporated Los CA 480,000
Electric Bus Replacement Nietos
164 LOSSAN Corridor Improvements Del Mar CA 12,500,000
165 Malaga Bridge Project Fontana CA 15,000,000
166 Market Avenue Complete Street N. Richmond CA 2,170,000
167 Melrose Avenue Complete Street West Hollywood CA 4,944,149
Improvements
168 Metro Purple Line Beverly/Wilshire City Beverly Hills CA 5,000,000
North Portal Project
169 Middle Avenue Pedestrian/Bicycle Menlo Park CA 6,500,000
Rail Crossing Project
170 Mission Bl/ Pine St Safety Fremont CA 2,000,000
Improvement Project
171 Mobility for All Project N. Richmond and Bay CA 2,000,000
Point
172 Mobility Wallet Demonstration and Los Angeles County CA 4,000,000
Research Study
173 Monroe Street Interchange Project Indio CA 20,000,000
174 Napa Valley Vine Trail--Yountville St. Helena CA 3,000,000
to St. Helena
175 New Traffic Signal at Morrison and Los Angeles CA 710,000
Sepulveda
176 New Traffic Signal at Plummer and Los Angeles CA 710,400
White Oak Avenue
177 New Traffic Signal at Scott Creek Fremont CA 950,000
Rd/ Zinfandel St
178 New Transit Maintenance Facility Commerce CA 2,000,000
179 North San Jose Bike Plan San Jose CA 3,838,348
Implementation
180 Oakland 7th St Bike/Ped Oakland CA 2,500,000
Improvements
181 Oakland Alameda Access Project Oakland and Alameda CA 2,996,000
182 Ojai Avenue Pedestrian Crossing Ojai CA 440,000
Safety Lighting Improvements
183 Old I Street Bridge Deck Conversion West Sacramento CA 4,150,000
for Active Transportation Project
184 Old Town Streetscape Phase 2 Elk Grove CA 2,000,000
185 Olive/Magnolia Bridge Safety Burbank CA 2,000,000
Barrier Rail Project
[[Page H3348]]
186 Otay Mesa Truck Route Phase 4 San Diego CA 1,300,000
187 Overlook and Viewpoint Improvements Smith River CA 500,000
to end of Mouth of Smith River
Road
188 Pacific Coast Highway at Crenshaw City of Torrance CA 652,800
Boulevard Intersection Capacity
Enhancements
189 Parkway Drive and Merced Street El Monte CA 2,600,000
Bicycle and Pedestrian
Improvements
190 Pedestrian, ADA, Traffic Signal and Temple City CA 6,200,000
Pavement Improvements along Bus
Routes
191 Pine Avenue Extension Chino CA 5,000,000
192 Port of Hueneme Intermodal Oxnard CA 3,000,000
Improvement Project to Modernize
the Port Wharf and Pier and Cargo
Facilities
193 Port of Oakland Solar, Battery Oakland CA 1,000,000
Storage and Electric Vehicle Truck
Charger Deployment
194 Puddingstone Drive Bicycle and La Verne CA 998,000
Pedestrian Project
195 Purchase of eleven Battery-Electric San Luis Obispo CA 5,000,000
Buses--SLORTA
196 Quint-Jerrold Connector Road San Francisco CA 7,200,000
197 Rail to Rail/River Active Los Angeles CA 5,000,000
Transportation Corridor Project
198 Reche Canyon Road Alignment Colton CA 4,452,000
199 Replacement of 2nd Street Bridge San Bernardino CA 2,000,000
over Warm Creek
200 Resilient State Route 37 Corridor Sonoma CA 7,000,000
Enhancement Program
201 Richmond Parkway Transit Center and Richmond CA 1,000,000
Freeway Access Improvements
202 San Fernando Road Bike Path Phase Sun Valley and North CA 594,027
III Hollywoood
203 San Francisco Bay Area Rapid Oakland, San Leandro, CA 3,000,000
Transit (BART) Station Restroom Berkeley
and Lighting Enhancements
204 San Francisco Bay Area regional Alameda, Contra CA 5,000,000
advance mitigation program Costa, and Santa
Clara counties
205 San Pablo Avenue Rehabilitation, Pinole CA 742,000
City Limits to Pinole Shores
206 San Rafael Channel Crossing Swing San Rafael CA 2,000,000
Bridge
207 Santa Cruz METRO Bus Replacements Santa Cruz CA 1,840,000
208 Santa Cruz Paratransit Vans Santa Cruz CA 505,750
Replacement Project
209 Saratoga Pedestrian Walkway Project Saratoga CA 1,200,000
210 Scotts Creek Coastal Resiliency Unincorporated Santa CA 3,500,000
Project Cruz County north of
Davenport
211 Sepulveda Transit Corridor City of Los Angeles CA 10,000,000
................................... ..................... ..................... 5,000,000
................................... ..................... ..................... 5,000,000
212 Serramonte Boulevard and Serramonte Colma CA 400,000
Center Driveway Traffic Signal
213 Sharp Park Priority Development Pacifica CA 960,000
Area (PDA) Access Resurfacing
Project
214 Slauson Avenue Congestion Huntington Park CA 1,000,000
215 SMART Russian River Rail Bridge Healdsburg CA 13,606,840
Rehabilitation
216 Solar Energy Project (Phase 2) Stockton CA 5,300,000
217 SR 86 Improvement Project Imperial CA 3,000,000
218 SR128/I-505 Overcrossing (Br. 22- Winters CA 8,540,000
0110)/Russell Blvd Bicycle and
Pedestrian Improvements
219 State Route 11/Otay Mesa East Port San Diego CA 12,500,000
of Entry
220 State Route 132 West Project Modesto CA 12,000,000
221 State Route 25 Expressway Hollister CA 10,000,000
Conversion and State Route 25/156
Interchange Project
222 State Route 37 and Fairgrounds Vallejo CA 4,000,000
Drive Interchange Improvements
223 State Route 99 Madera South-- Madera CA 10,000,000
Operational Improvement Project
224 Stockton Rail Maintenance Facility Stockton CA 6,715,000
Expansion
225 Sustainable Mobility Expansion Redlands CA 1,756,630
Project
226 Tarzana Crossing Great Streets Tarzana--Los Angeles CA 500,000
Project
227 The Highway 101 Multimodal Corridor Santa Barbara CA 11,000,000
Project from Santa Barbara to
Montecito with improvements on
Highway 101 (SB-101-PM 9.1/12.3)
and Adjacent Local Streets
including the Cabrillo Boulevard
Bicycle and Pedestrian Improvement
Project
228 Thornton Avenue Pavement Newark CA 2,000,000
Rehabilitation
229 Torrance to Florence Bus Service Torrance CA 4,432,924
230 Track Rehabilitation of the San City of Rancho CA 2,000,000
Bernardino Line Cucamonga,
California spanning
to the City of
Montclair,
California including
the cities of Rancho
Cucamonga, Upland,
and Montclair
231 Traffic Signal System Upgrades on I- Danville, Walnut CA 6,000,000
680 Project Creek, Concord,
Pleasant Hill
232 Tri MyRide Fleet Expansion Project Antioch CA 1,760,000
................................... ..................... ..................... 880,000
................................... ..................... ..................... 880,000
233 TRI-CONNECT, SoCal Freight Los Angeles CA 3,357,895
Initiative
234 U.S. 101 and Del Norte Boulevard Oxnard CA 3,000,000
Interchange
235 Union Street Protected Bike Lanes Pasadena CA 1,600,000
236 US 101 / Woodside Interchange Redwood City CA 2,500,000
Improvement
[[Page H3349]]
237 US 101 Safety Improvements--South Salinas and Chualar CA 2,000,000
of Salinas (Monterey County)
238 US 101/SR 25 Interchange Phase 2-- Gilroy CA 5,000,000
Santa Teresa Boulevard Extension
239 US-101 Managed Lane Project North San Mateo CA 10,000,000
of I-380
240 Valley Link--Implementation of Livermore CA 20,000,000
Sustainability Blueprint
241 Vasco Road Safety Improvements Byron CA 3,905,000
Phase II
242 Vermont Transit Corridor Los Angeles CA 10,000,000
Improvements
................................... ..................... ..................... 3,900,000
................................... ..................... ..................... 6,100,000
243 Walnut Park Bus Stop Improvements Walnut Park CA 1,200,000
244 Walnut Park Pedestrian Plan Walnut Park CA 1,200,000
Implementation
245 Warm Springs Grade Crossing San Jose CA 7,703,100
Improvements
246 West Berkeley Bicycle and Berkeley CA 704,000
Pedestrian Improvements
247 West San Jose Priority Bikeways San Jose CA 3,285,680
Implementation Project
248 West Santa Ana Branch Transit Los Angeles CA 5,000,000
Corridor
249 West Valley Connector Bus Rapid San Bernardino CA 5,000,000
Transit--Phase 1, and Zero-
Emission Bus Initiative
250 White Rock Road--0.5 Miles East of Rancho Cordova CA 12,307,000
Rancho Cordova Parkway to the
Easterly City Limits
251 Widen Central Ave to add new Class Camarillo CA 4,000,000
II Bike Lanes near U.S. 101 to the
northwest city limits
252 Wilmington Waterfront-Avalon Wilmington CA 1,000,000
Pedestrian Bridge
253 Woodman Ave. Pedestrian Improvement Panorama City CA 3,256,591
Project
254 Ygnacio Valley Road Project Walnut Creek CA 1,000,000
255 Yosemite Area Regional Merced CA 2,250,000
Transportation System
256 Zero Emission Bus Replacements, Oxnard CA 1,675,000
Charging Infrastructure and Zero
Emissions Job Training
257 Zero Emission Buses and Charging Wilmington CA 5,000,000
Infrastructure
258 Zero Emissions Bus Purchase-- Pasadena CA 2,100,000
Pasadena, CA
259 16th St Mall Reconstruction Program Denver CO 6,530,000
260 Aurora Bicycle and Pedestrian Aurora CO 800,000
Master Plan Update
261 Big Barnes Ditch Trail Improvements Loveland CO 500,000
262 Cameron Peak Post-Fire Emergency Larimer County CO 2,000,000
Funding
263 Central Corridor Rail Replacement Denver CO 7,930,000
264 CO 9 Widening from Iron Springs to Summit County CO 1,000,000
Frisco
265 Easter/Havana Intersection Centennial CO 6,000,000
Improvements
266 Eisenhower Johnson Memorial Tunnel Dillon CO 4,000,000
(EJMT) Repairs and Upgrades
267 Expansion of Gun Club Road Aurora CO 1,500,000
268 Federal Parkway Multimodal Westminster CO 4,107,114
Transportation Improvements
269 Frisco Transit Center Frisco CO 6,650,000
270 I-25 Valley Highway: Phases 3 and 4 Denver CO 5,530,000
ROW Acquisition
271 I-25/Belleview Avenue Interchange Greenwood Village CO 10,000,000
Improvements
272 I-70 and 32nd Ave. Bridge Wheat Ridge CO 2,000,000
Replacement
273 SH-72 (Indiana St) Widening at UPRR Arvada CO 1,095,872
274 State Highway 119 and State Highway Boulder County CO 5,000,000
52 Multimodal Intersection
Improvements
275 US 36 and Community Drive Estes Park CO 850,000
Roundabout
276 Wadsworth Widening: 35th Avenue to Wheat Ridge CO 10,000,000
I-70
277 West Colfax Pedestrian Safety and Lakewood CO 1,750,000
Infrastructure Project
278 Branchville Transit Oriented Ridgefield CT 1,853,120
Development Pedestrian/Bicycle
Improvement
279 Comstock Brook Bridge (No. 04975) Wilton CT 2,400,000
Replacement
280 Coventry Main Street Sidewalk Coventry CT 1,200,000
Project Final Extension
281 CT-195 (Storrs Road) Pedestrian Mansfield CT 2,240,000
Safety Improvements
282 East Haddam/Haddam Swing Bridge East Haddam CT 5,000,000
Rehabilitation Project
283 Essex River Road Bridge and Essex CT 2,400,000
Sidewalk Project
284 Five Mile River Bridge (No. 04152) Norwalk CT 2,860,000
Replacement
285 Greater Hartford Mobility Study - Hartford and East CT 16,000,000
Planning and Preliminary Hartford
Engineering
286 Greenwich Creek Bridge (No. 01872) Greenwich CT 2,530,000
Replacement
287 Harbor Brook Bridge (No. 04185) Meriden CT 2,800,000
Replacement Project
288 Intersection Improvements on Route Danbury CT 3,332,000
39 at Beckerle Street and East
Gate Road
289 Mill River Bridge (No. 04953) Fairfield CT 2,700,000
Replacement
290 New Haven Downtown Crossing Phase 4 New Haven CT 20,000,000
- Temple Street Crossing
291 New London Pedestrian Bridge and New London CT 4,860,000
Public Access Project
292 Park Avenue Traffic Signals Bridgeport CT 2,686,000
293 Quinebaug River Trail - Plainfield Plainfield CT 2,179,953
Section
294 Route 10 Hop Brook Bridge (No. Simsbury CT 2,400,000
00653) Replacement Project
295 Route 109 Bridge (No. 05417) Morris CT 1,520,000
Replacement Project
296 Route 202 Intersection Improvement Brookfield CT 7,400,000
Project
297 Route 25 Bridge (No. 06750) Trumbull CT 1,464,000
Rehabilitation
298 Stamford Transportation Center Stamford CT 3,500,000
Improvement
299 20 x 22 Protected Bike Lanes Washington DC 3,000,000
300 Arboretum Bridge and Trail Washington DC 4,000,000
301 Bus Priority Program Washington DC 4,000,000
[[Page H3350]]
302 H Street Bridge Washington DC 3,000,000
303 Metropolitan Branch Trail--Fort Washington DC 3,000,000
Totten to Takoma
304 Pavement Restoration, National Washington DC 3,000,000
Highway Performance Program
305 US 113/SR 20 Grade Separated Millsboro DE 10,000,000
Intersection
306 West Camden Bypass Camden DE 10,000,000
307 Approach Road at Cecil Air and Jacksonville FL 600,000
Space Port
308 Card Sound Bridge Replacement Key Largo FL 4,200,000
Planning and Design Project
309 City of South Miami Pedestrian South Miami FL 4,330,000
Bridge
310 Commodore Trail Missing Link Miami / Coral Gables FL 999,205
311 Dunedin Causeway Bridge Project Dunedin FL 8,000,000
................................... ..................... ..................... 5,000,000
................................... ..................... ..................... 3,000,000
312 Harborview Road from Melbourne Port Charlotte FL 20,000,000
Street to I-75
313 Marlin Road Roadway Improvements Cutler Bay FL 8,800,000
Project
314 Miami River Greenway--Curtis Park Miami FL 2,392,000
East
315 Midway Road Multimodal/Freight Port St. Lucie FL 15,000,000
Improvements and Florida's
Turnpike Connection
316 North Bay Village 79th Street North Bay Village FL 1,000,000
Complete Streets Project
317 Port St. Lucie Boulevard South-- Port St. Lucie FL 5,000,000
Segment 2.2 (Alcantarra Boulevard
to Paar Drive)
318 PortMiami Shore Power Pilot Program Miami FL 2,000,000
319 Reconstruction of State Road 33/ Lakeland FL 20,000,000
Interstate 4 Interchange (Exit 38)
320 Ridge Road Extension Phase 2B Unincorporated Pasco FL 15,000,000
County
321 Alleyways Drainage Improvement Miami Gardens FL 240,000
Project
322 Breakers Avenue Streetscape Project City of Fort FL 5,200,000
Lauderdale
323 Cass Street Bridge Rehabilitation Tampa FL 5,116,000
324 Central Florida Regional Orlando FL 1,032,500
Transportation Electronic
Contactless Payment System
325 City of West Palm Beach Grand View West Palm Beach FL 1,200,000
Heights Street Pedestrian Safety
Improvements Phase 2
326 Corrine Drive Complete Streets Orlando FL 6,900,000
Project
327 County Line Road Improvement West Park FL 944,000
Project
328 Crystal Lake Drive Project City of Deerfield FL 389,088
Beach
329 E.E. Williamson Road Trail Connect Longwood FL 4,346,000
330 Econlockhatchee Trail Multimodal Orlando FL 8,193,500
Corridor Improvements
331 Flavor Pict Road from Lyons Road to Delray Beach FL 4,780,000
Hagen Ranch Road
332 Gulf to Bay (SR60) Duke Energy Clearwater FL 6,000,000
Trail Overpass
333 HART Bus Shelter Revitalization and Tampa FL 6,990,100
Expansion
334 Hinson Avenue Widening Project Haines City FL 1,375,000
335 International Drive and Sand Lake Orlando FL 7,000,000
Road (SR 482) Pedestrian Bridge
336 InVision Tampa Streetcar Tampa FL 7,700,000
337 Johnson Street Bridge Replacement Hollywood FL 2,904,000
Project
338 JTA's Sustainability and Renewable Jacksonville FL 2,315,840
Energy Transit Facility (Project
ID 425454-2)
339 Lake Monroe Loop Trail Sanford FL 3,313,181
340 Lowson Boulevard from Dover Road to Delray Beach FL 1,106,296
Federal Highway
341 Loxahatchee Rd. from Arthur City of Parkland FL 5,000,000
Marshall Loxahatchee Refuge to SR-
7/US-441
342 Lyons Road Pedestrian Mobility City of Coconut Creek FL 2,700,000
Lighting and Safety Project
343 Magnolia Drive Trail - Phase 1, 2, Tallahassee FL 5,000,000
& 4 (Project ID: 4098037)
344 Marigold Ave from San Lorenzo Rd to Poinciana FL 4,731,586
Peabody Rd (4 Roundabouts)
345 Neptune Road Widening and Kissimmee FL 5,000,000
Improvement Project
346 NW 183rd to 191st Street and NW Miami Gardens FL 1,200,000
27th to 42nd Avenue Road and
Sidewalk Project
347 NW 187th Street to NW 199th Street, Miami Gardens FL 960,000
from NW Sunshine State Parkway
East to NW 12th Avenue Area-Road
Resurfacing, Sidewalks, and
Drainage Improvement Project
348 NW 191st to 199th Street and NW 2nd Miami Gardens FL 600,000
to 7th Avenue Roadway and Sidewalk
Project
349 NW 199th to 202nd Street between NW Miami Gardens FL 960,000
3rd and 15th Avenue-Road
Resurfacing and Sidewalks
Improvement Project
350 NW/NE 87th Street Corridor Village of El Portal FL 1,320,551
351 Opa-locka Railroad Crossing Repair Opa-Locka FL 2,400,000
352 Orange Blossom Trail Sidewalks Orlando FL 3,012,472
Phase 2A
353 Palm Beach County Bus Shelter Palm Beach County FL 8,300,000
Infrastructure
................................... ..................... ..................... 300,000
................................... ..................... ..................... 8,000,000
354 Palm Springs, FL, Park Connector Palm Springs FL 854,550
Pathway System
355 Pine Hills Trail Phase 2 from Orlando FL 557,000
Silver Star Road (SR 438) to
Clarcona-Ocoee Road
356 President Barack Obama Parkway, Orlando FL 8,360,000
Phase 2, Orlando, Florida
[[Page H3351]]
357 Rolling Stock Hallandale Beach, FL 9,000,000
Hollywood, Dania
Beach, Fort
Lauderdale, Wilton
Manors, Oakland
Park, Pompano Beach,
Deerfield Beach and
Palm Beach County
................................... ..................... ..................... 5,000,000
................................... ..................... ..................... 4,000,000
358 SMART Plan Beach Express (BERT) Miami FL 9,100,000
North Capital Bus Purchase
359 Solar-Powered Zero-Emission Bus and St. Petersburg FL 6,000,000
Facility Charging Infrastructure
360 South City Transit Capital Project Tallahassee FL 2,400,000
StarMetro Modernization
361 Southcot Drive Sidewalk Casselberry FL 189,357
362 SR 50 (Colonial) from Thornton Ave Orlando FL 917,933
to Mills Ave
363 SR 63 (US 27) Monroe Street from Tallahassee FL 2,400,000
John Knox Road to Lakeshore Drive
(Project ID 4450531)
364 SR-5/US-1/Federal Hwy from Johnson Hollywood FL 1,899,308
St. to SR-822/Sheridan St.
365 SR-820/Pines Blvd from W of SW Pembroke Pines FL 5,000,000
136th Ave to E of NW 118th Ave
366 SR-A1A from Hallandale Beach Hallandale Beach, FL 1,075,350
Boulevard to Dania Beach Boulevard Hollywood, and Dania
Drainage Improvement Project Beach
367 StarMetro Bus Replacement Tallahassee FL 1,800,000
368 SW 36th Street Complete Street West Park FL 1,600,000
Improvements Project
369 SW 52nd Avenue Complete Street West Park FL 602,400
Improvements Project
370 Treasure Island Causeway Bridge Treasure Island FL 4,480,000
Project
371 University Boulevard at Dean Road Orlando FL 1,000,000
Intersection Improvement
372 University Drive from NW 40th St. City of Coral Springs FL 5,000,000
to Sawgrass Expressway
373 West Warren Avenue Complete Street Longwood FL 400,000
374 Atlanta Beltline Atlanta GA 5,000,000
375 Big Creek Greenway Phase 2 Cumming GA 3,000,000
Renovation-Replacement
376 Brennan Road Improvements Columbus GA 7,360,000
377 Buford Highway Pedestrian Doraville GA 1,373,859
Improvements
378 Bus/Paratransit Vehicle Acquisition Snellville/Northern GA 6,000,000
for Local Route 70 Dekalb
379 Cascade Multimodal Corridor Atlanta GA 1,000,000
380 Cherokee Area Transportation System Canton GA 2,400,000
Headquarters
381 City of Forest Park Pedestrian Forest Park GA 2,000,000
Bridge
382 City of Sugar Hill's Highway 20 Sugar Hill GA 5,000,000
Pedestrian Bridge
383 Clayton Justice Center Transit Hub - Jonesboro GA 4,960,000
Phase II
384 Cobb Parkway at McCollum Parkway Kennesaw GA 3,500,000
Road Realignment
385 Cumberland Core Loop Atlanta GA 1,700,000
386 East West Connector Corridor Smyrna GA 4,500,000
Improvement, Cobb County GA
387 Emory-CDC Intersection Project Atlanta GA 550,000
388 GDOT Project No. 0013752 Americus GA 1,216,958
389 GDOT Project No. 0015563 Cuthbert GA 2,405,280
390 GDOT Project No. 0015638 Reynolds GA 1,608,000
391 GDOT Project No. 0015651 Arabi GA 568,000
392 GDOT Project No. 0015652 Talbotton GA 984,000
393 Global Gateway Connector College Park GA 3,542,355
394 Gwinnett Place Transit Center/Mall Gwinnett County GA 5,000,000
of Georgia local bus service
395 I-20 Diverging Diamond Interchange Douglasville GA 5,000,000
at Chapel Hill Road
396 Lawrenceville Area Park and Ride Lawrenceville GA 4,800,000
Lot
397 Macon Transit Authority Electric Macon GA 2,600,000
Transit and Paratransit Vehicle
Purchases
398 MARTA Route 115--Covington Highway Decatur GA 2,000,000
399 McDaniel Farm Park Connector multi- Gwinnett County GA 2,000,000
use path
400 Metropolitan Parkway Arterial Rapid Atlanta GA 3,000,000
Transit (ART)
401 New Bus Rapid Transit Service along Snellville/Stone GA 5,000,000
US 78 Mountain
402 North Avondale Road Complete Avondale Estates GA 1,975,560
Streets Project
403 Peachtree Creek Greenway Brookhaven GA 3,382,000
404 Project DeRenne Savannah GA 20,000,000
405 Safety Improvements--Intersection Albany GA 368,791
of N Westover Blvd at Nottingham
Way
406 South Barrett Parkway Reliever Kennesaw GA 2,000,000
407 South Cobb Drive Corridor Smyrna GA 250,000
408 SR 120 (Abbotts Bridge Road) Johns Creek GA 13,800,000
Operational and Safety
Improvements
409 SR234 and Westover Blvd--Add Albany GA 349,295
Westbound Right Turn and
Southbound Left
410 Stonecrest Transit Hub Stonecrest GA 5,000,000
411 Widen and Realign Intersection of Albany GA 2,509,319
Sands Drive and Radium Springs
412 Windy Hill Boulevard Smyrna GA 500,000
413 Guam Public Transit Modernization-- Hagatna GU 20,000,000
Bus Shelters
414 Bus and Handi Van Acquisition Honolulu HI 7,398,400
Program (Battery Electric Buses;
Electrification of Route 40)
................................... ..................... ..................... 3,699,200
................................... ..................... ..................... 3,699,200
[[Page H3352]]
415 Hanapepe Road Resurfacing Hanapepe HI 3,680,000
416 Hawaii Recreational Trails Program Multiple Cities HI 4,000,000
(Hawaii Integrated Trail System)
417 Interstate Route H-1 Improvements, Honolulu HI 6,150,000
Eastbound, Ola Lane Overpass to
Vineyard Boulevard
418 Leeward Bikeway, Philippine Sea Honolulu HI 6,150,000
Road to Waipahu Depot Street
419 Papalaua Street (RTS 3020, MP 0.13- Maui HI 1,154,000
MP0.17) Traffic Signal Upgrade at
Wainee Street (Route 3015, MP 0.3-
MP0.34)
420 Waianuenue Avenue Rehabilitation Hilo HI 7,277,499
421 Waimea to Kekaha Shared Use Path Hanapepe HI 2,000,000
422 Wakea Avenue (Route 3920, MP 0.70- Maui HI 2,186,000
MP 0.71) and Kamehameha Avenue
(Route 3940, MP 0.91-MP0.92)
Intersection Improvements
423 HIRTA Regional Transit Facility Waukee IA 2,321,000
424 In the City of Iowa City, on Dodge Iowa City IA 9,943,600
Street, from Burlington Street
north to Governor Street.
425 Iowa 136 bridge replacement over Clinton County IA 1,144,800
Elwood Creek 3.1 miles west of US
61 in Clinton County
426 Marion County--County Road G28 Marion County IA 2,000,000
corridor
427 Red Rock Prarie Trail (Iowa 117 to Prairie City IA 900,000
Co Rd S27)
428 Bus Replacements Across the Des Moinse IA 5,000,000
District
429 Mills Civic Parkway Improvements West Des Moines IA 2,000,000
430 Red Oak Bridge Replacement Red Oak IA 700,000
431 Southeast Connector Des Moines IA 7,000,000
432 Traffic Incident Management Center Johnston IA 4,880,000
at Camp Dodge--Phase I
433 1st Street Reconstruction Ammon ID 5,375,700
434 Center Street Railroad Bridge Pocatello ID 4,277,000
Underpass
435 Fort Hall Connect- Upgrade of Ross Fort Hall ID 3,500,000
Fork Road
436 I-15B (US-30) McCammon IC TO Old US- McCammon ID 1,716,660
91
437 State Street Premium Corridor, Part Boise and Garden City ID 2,000,000
2, Boise Area, Valley Regional
Transit
438 Alton Avenue Reconstruction Madison IL 624,000
439 Alton Road Reconstruction Phase I & Carlinville IL 616,000
II
440 Brush College Road and Faries Decatur IL 2,000,000
Parkway Grade Separation
441 Calhoun Street Bridge Replacement City of Morris IL 1,200,000
442 Candy Lane Macomb IL 3,500,000
443 Centennial Park Shared Use Path Heyworth IL 963,540
444 Cloverleaf and East Madison Madison IL 296,000
Subdivisions Improvements
445 Curtis Road Grade Separation & Savoy IL 3,293,700
Complete Streets Project
446 Dix Irvington Road Safety Project Centralia IL 600,000
447 Dupo Interchange Dupo IL 1,700,000
448 Edwardsville Road Resurfacing Wood River IL 668,000
Project
449 Frank Scott Parkway East Extension Shiloh IL 12,512,000
450 Hamilton Road East-West Connection Bloomington IL 7,000,000
Project
................................... ..................... ..................... 3,500,000
................................... ..................... ..................... 3,500,000
451 Hilltop Road Multi-Use Trail Springfield IL 440,000
Extension Project
452 Lincoln Prairie Trail Bridge Taylorville IL 487,161
Replacement Project
453 Madison Avenue from 23rd Street to Granite City IL 759,420
27th Street Resurfacing
454 Main Street Reconstruction Project Roscoe IL 3,880,000
455 Marissa--Main St. Resurfacing Marissa IL 476,000
456 Pioneer Parkway Reconstruction Peoria IL 5,000,000
457 Prospect Road Revitalization Peoria Heights IL 6,000,000
458 Reas Bridges Replacement Project Decatur IL 3,500,000
over Lake Decatur
459 Reconstruction of Main Street from Staunton IL 1,569,456
Elm Street to Madison Street
460 Resurfacing of County Highway 16 in Williamson County IL 352,000
Williamson County
461 Resurfacing of Main Street, Marion IL 572,000
Bainbridge Trail, and Penecost
Streets
462 Riverside Boulevard Reconstruction Loves Park and IL 14,920,000
and Widening (Phase II and III) Rockford
463 Royal Lakes Road Rehabilitation Royal Lakes IL 23,408
Project
464 Spotsylvania Street Improvements New Athens IL 452,000
465 Stanford Avenue Reconstruction from Springfield IL 1,279,035
11th Street to Fox Bridge Road
466 Structure Replacement Over Piles Carbondale IL 504,000
Fork Creek
467 US 67 Widening from Delhi Bypass Jerseyville IL 1,200,000
Project to Crystal Lake Rd.
468 West Main Cross Street Improvements Taylorville IL 1,127,700
from Webster Street to Shumway
Street
469 Western Road--Marshall County Henry IL 2,000,000
470 118 N Clark Pedway Extension Chicago IL 2,700,000
471 143rd St Expansion--West Ave to SW Orland Park IL 9,247,702
Highway
472 143rd St from IL 59 to IL 126 Plainfield IL 6,200,000
................................... ..................... ..................... 3,700,000
................................... ..................... ..................... 2,500,000
473 34th Street Road Modernization and Berwyn IL 5,022,323
Stormwater Management Improvements
Phase I Design
[[Page H3353]]
474 606 Extension - Ashland Ave to Chicago IL 1,440,000
Elston Ave
475 75th Street from Milbrook Drive to Naperville IL 648,560
Greene Road
476 80th Ave from 191st to 183rd St Tinley Park IL 1,500,000
Lane Improvements
477 9th Street Two-Way Conversion Rockford IL 4,050,000
(Whitman Interchange)
478 Algonquin Road (Various Spring Grove IL 2,400,000
Intersections) and Wilmot Road at
Main Street Intersection
Improvements
479 All Stations Accessibility Program-- Chicago IL 4,330,000
Blue Line Irving Park
480 Arterial Resurfacing Chicago IL 9,357,677
481 Berkeley Industrial Pedestrian Chicago IL 424,500
Connector
482 Bike Path along Quentin Road Hawthorn Woods/Lake IL 1,000,000
Zurich
483 Bliss Rd/Fabyan from Fabyan to Geneva IL 7,000,000
Bliss Rd
484 Butler Drive Chicago IL 4,500,000
485 Central Road: Barringon Rd to Hoffman Estates IL 2,000,000
Huntington Blvd
486 City of Berwyn, 16th Street Chicago IL 1,967,468
Rehabilitation Project
487 City of Peoria Adams/Jefferson 2- Peoria IL 5,000,000
Way Conversion
488 Columbia Bridge Chicago IL 2,000,000
489 CTA--ASAP (Belmont Station) Chicago IL 3,370,000
490 CTA Red Line--Loyola Station Chicago IL 3,600,000
Improvements
491 DeKalb Traffic Signal Upgrades DeKalb IL 570,000
492 Division Street Resurfacing Oak Park IL 2,000,000
493 Dundee Ave Reconstruction Elgin IL 5,900,000
494 East Branch DuPage River Trail Lombard IL 1,200,000
495 East New York Street from North Aurora IL 1,138,300
Farnsworth Ave to Welsh Drive
496 Fullerton Avenue between N Schmale Glendale Heights IL 696,500
Rd and Bloomingdale Rd
497 Gougar Road from Laraway Road to Joliet and New Lenox IL 2,700,000
Francis Road
498 Greater Downtown Master Plan Phase East Moline IL 4,946,000
4A
499 Hobson Rd 63rd St from Woodridge Dr Woodridge IL 490,000
to Janes Ave
500 Homan Corridor Improvements Chicago IL 500,000
501 I-294 103rd Street Interchange Chicago Ridge IL 5,000,000
502 I-294 Crestwood/Robbins Interchange Crestwood and Robbins IL 4,800,000
503 I-57 Interchange near Mile Marker Unincorporated Will IL 4,500,000
332 (Between Harlem Avenue and County
Pauling Road)
504 IL 171 (State Street) Pedestrian Lockport IL 1,400,000
Safety Improvements
505 IL 38/Roosevelt Road at Naperville Wheaton IL 4,800,000
Road
506 IL 50 from S of Brookmont Blvd to N Kankakee IL 5,000,000
of US 45/52 & Indiana Ave to Fair
St in Kankakee
507 IL-21 Milwaukee Ave Improvements Glenview IL 2,000,000
(Glenview)
508 IL-62 Algonquin Rd at New Wilke Rd Rolling Meadows IL 226,935
Intersection Improvements
509 Jackson Blvd Resurfacing Chicago IL 800,000
(Desplaines to Harlem Ave)
510 Kedzie and Lake improvements Chicago IL 500,000
511 Lake Cook Road (IL-53 to Raupp Mount Prospect and IL 3,000,000
Blvd) Desplains
512 Lombard Rd Resurfacing and Addison IL 900,000
Improvements
513 Madison Street Resurfacing Bellwood IL 1,107,200
514 Main Street Reconstruction from Batavia IL 600,000
Randall Road to Van Nortwick
Avenue
515 McConnell Road Intersection and Freeport IL 2,528,200
Roadway Improvements
516 Metra Zero Emission Vehicle Pilot Chicago Region IL 12,000,000
................................... ..................... ..................... 1,000,000
................................... ..................... ..................... 5,000,000
................................... ..................... ..................... 6,000,000
517 Midway Bus Terminal Electrification Chicago IL 550,000
Concept Design
518 N Lake Shore Drive Improvements Chicago IL 2,000,000
519 North Chicago Pace Route Access North Chicago IL 508,080
520 Oak Park Avenue--111th St to 107th Worth IL 520,000
St
521 Pace Cermak Road Transit Signal Westchester, Oak IL 390,000
Priority Brook and Oakbrook
Terrace
522 Pace Pulse Line--Harlem Avenue Morton Grove IL 400,000
Traffic Signal Improvements
523 Pace Pulse South Halsted Line Chicago, Riverdale, IL 900,000
and Harvey
524 PACE Transit Signal Priority Chicago IL 900,000
525 Park Blvd Resurfacing Streamwood IL 220,783
526 Patriot Path Lake County IL 9,794,640
527 Proposed Midwest Medical Center Galena IL 2,000,000
Entrance and Highway Improvements
528 Pulaski Corridor Improvements Chicago IL 500,000
529 Pulaski Road: 127th St to 159th St Alsip, Crestwood, IL 2,500,000
Midlothian, Markham,
and Robbins
530 Rand US-12 / Kensington / IL-83 Mount Prospect IL 4,500,000
Intersection Improvements
531 Rand/Central/Mt Prospect Road Mount Prospect and IL 371,000
Intersection Improvements Desplains
532 Randall and Hopps Road Intersection Elgin IL 5,000,000
533 Randall Road from Alexandra Blvd to Lake in the Hills IL 2,000,000
Polaris Dr/Acorn Ln
534 Rehabilitative Resurfacing of Franklin Park IL 588,000
Belmont Avenue--25th Ave to W of
Elm St, Fran
535 Rehabilitative Resurfacing of Ill Elmwood Park, Melrose IL 7,920,000
64 North Ave--I-294 to Harlem Ave Park, Northlake,
& N Frontage Rd - 7th Ave to 5th River Forest, River
Ave Grove
[[Page H3354]]
536 Rodenburg Road Corridor Improvement Roselle IL 928,000
Project
537 Schick Road Resurfacing Hanover Park IL 257,045
538 Skokie Valley Trail Path Skokie IL 3,526,800
Improvements
539 Spring Street Resurfacing South Elgin IL 171,264
540 Study of S. Chicago/79th St/Stony Chicago IL 800,000
Island Intersection
541 Tonne Road Reconstruction--Northern Elk Grove Village IL 4,300,000
Section
542 Traffic Signal Modernization--City Chicago IL 1,350,000
of Chicago
543 US Route 20 and Reinking Road Elgin IL 1,200,000
Roundabout
544 US Route 30 at Illinois Route 50 Matteson IL 4,000,000
545 Washington Boulevard Improvements - Maywood IL 1,424,000
21st Avenue to 9th Avenue
546 Weber Road from 135th Street to Romeoville IL 2,100,000
Airport Road
................................... ..................... ..................... 1,000,000
................................... ..................... ..................... 1,100,000
547 West Branch DuPage River Trail West Chicago IL 500,000
Connection from West DuPage Woods
Forest Preserve to Blackwell
Forest Preserve
548 Western Avenue Grade Separations Blue Island, Posen, IL 4,500,000
and Dixmoor
549 Wolfs Crossing Road from US 34 Oswego IL 4,822,000
Chicago Road to Eola Road -
Douglas Road Intersection
................................... ..................... ..................... 3,616,500
................................... ..................... ..................... 1,205,500
550 Woodstock Railyard Relocation & Woodstock IL 4,000,000
Expansion
551 Zero Emission Locomotive Commuter Blue Island, Chicago, IL 7,000,000
Rail Pilot Joliet, Midlothian,
Mokena, New Lenox,
Oak Forest, Robbins,
Tinley Park
................................... ..................... ..................... 2,000,000
................................... ..................... ..................... 5,000,000
552 Zion 27th Street Resurfacing Zion IL 920,320
553 Added Travel Lanes at 45th Avenue Unincorporated Lake IN 1,500,000
County
554 Central Avenue Road Reconstruction Portage IN 2,000,000
555 IndyGo EV Charging Stations Indianapolis IN 774,000
556 Kennedy Avenue Bridge Replacement Highland and Hammond IN 8,100,000
557 Monument Circle/Market Street Indianapolis IN 12,864,000
Reconstruction
558 Willowcreek Road Extension Unincorporated Porter IN 7,411,200
County
559 Bridge Replacement on 151st Street Sedgwick County KS 3,600,000
West over the Ninnescah River
(B485)
560 Centennial Bridge Replacement Leavenworth KS 1,000,000
561 K-7 Bourbon County Fort Scott KS 2,000,000
562 K-7 Crawford County Girard KS 2,000,000
563 Reconstruction of 151st St West Sedgwick County KS 3,200,000
between 53rd St North and Highway
K-96 (R356)
564 Reconstruction of the South Half Sedgwick County KS 880,000
Mile of 135th Street West between
53rd and 61st Streets North (R348)
565 Route 458 Improvements Lawrence KS 750,000
566 SW Topeka Boulevard (21st to 29th) Topeka KS 1,480,000
Street Resurfacing
567 Topeka Metropolitan Bus Replacement Topeka KS 3,000,000
568 US-169 Neosho County Thayer KS 3,000,000
569 US-400 Cherokee County Cherokee KS 2,000,000
570 US-400 Greenwood County (KDOT Greenwood County KS 5,000,000
Project Number 400-037 KA-5790-01)
571 US-56 Douglas County Baldwin City KS 3,000,000
572 Wakarusa Drive Reconstruction Lawrence KS 1,000,000
573 Washington Creek Bridge Replacement Lawrence KS 400,000
574 West Kellogg/US-54/400 Expansion Wichita KS 1,800,000
575 U.S. 69/167th St. Interchange Overland Park KS 15,000,000
Improvement Project
576 Congestion reduction and traffic Covington KY 2,000,000
improvement project on KY-17/Scott
Boulevard/Greenup Street
577 Extend KY 3155 from the southern Leitchfield, Grayson KY 3,200,000
Intersection at KY 259 westerly to County
KY 54
578 I-65 SB Ramp to Brook St Louisville KY 9,600,000
579 Improve KY 54 from west of the US Owensboro, Daviess KY 4,600,000
60 Bypass to CR 1021 County
580 Improve KY 461 from US 150 to US 25 Mount Vernon, KY 18,200,000
Rockcastle County
581 Improve US 421 near the Virginia Cranks, Harlan County KY 960,000
State Line
582 Improve westbound lanes of US 60 Lewisport, Hancock KY 3,200,000
from KY 1957 to KY 6106 County
583 KY 335 improvements from US 31W Horse Cave, Hart KY 3,200,000
south of KY 218 to I-65 County
584 KYCT project 6-80101, KY -18 / Boone County KY 5,200,000
Superstreet construction
585 KYTC Project 6-162.40, KY-536 from Kenton County KY 12,064,000
Williamswood Rd. to Calvery Dr. to
KY-17
586 Newtown Pike Extension Project-- Lexington KY 20,000,000
Phase III Scott Street Connector
587 Reconstruction of KY 44 from US 31E Mount Washington, KY 4,800,000
to KY 1319 Bullit County
588 Reimagine 9th Street Louisvile KY 5,000,000
589 Smart Signal Network Louisville KY 2,900,000
590 Traffic Calming Measures for Shelby Louisville KY 2,400,000
Park and Smoketown Neighborhoods
591 Audubon Ave OVLY:LA 1 to Terrebonne Thibodaux LA 468,510
P/L
592 I-10 (Calcasieu River Bridge / Lake Charles LA 10,000,000
Approach)
593 I-49 Lafayette Connector Lafayette LA 10,000,000
[[Page H3355]]
594 LA 3127 St. James Parish LA 10,000,000
595 LA 428, General Meyer Blvd New Orleans LA 8,560,000
596 MRB South GBR: LA 1 to LA 30 Baton Rouge LA 1,600,000
Connector- Environmental
Evaluation
597 MRB South GBR: LA 1 to LA 30 Baton Rouge LA 8,000,000
Connector (Pre-Engineering Design)
598 Amherst Town Common Transportation Amherst MA 1,344,000
and Mobility Improvements
599 Barker Road Bridge Project Pittsfield MA 1,000,000
600 Beacon Street Bridle Path Brookline MA 2,000,000
601 Belmont Community Path Belmont MA 3,500,000
602 Blackstone Valley Multi-Use Path Blackstone MA 8,130,842
Phase 1, Segment - 2
603 Blue Line Signal Program Revere, Boston MA 6,000,000
604 Bourne Rail Trail Bourne MA 14,728,680
605 Brockton Area Transit--Buy Brockton MA 2,920,000
Replacement 35' Bus (6)
606 Brockton Area Transit--Buy Brockton MA 3,160,000
Replacement 35' Electric Bus (5)
607 Brockton Area Transit--Purchase Brockton MA 480,000
Misc. Electric Power Equipment
608 Christina Street Rail Bridge Newton MA 1,600,000
609 Columbian Square Intersection Weymouth MA 3,000,000
Improvements
610 Court and Cherry Street Plymouth MA 2,000,000
Intersection Improvement
611 Davis Square Transit Signal Somerville MA 100,000
Priority Project
612 Division Street Bridge Project Great Barrington MA 2,000,000
613 Double-Tracking on Haverhill Line Andover and MA 5,800,000
in Massachusetts Wilmington
................................... ..................... ..................... 2,900,000
................................... ..................... ..................... 2,900,000
614 Drift Road at Kirby Brooke Westport MA 600,000
Replacement Project
615 Fiske Street and Andover Street Tewksbury MA 456,000
Sidewalk and Street Improvements
616 Glendale Street Bridge Project Easthampton MA 1,000,000
617 Intersection Improvements at Southbridge MA 1,000,000
Central Street, Foster St, Hook
St, Hamilton St
618 Intersection improvements at Ashby MA 1,000,000
Greenville Road (Rte 31) and
Turnpike Road
619 Intersection Improvements at Acton MA 1,100,000
Massachusetts Avenue (Route 111)
and Main Street (Route 27)
(Kelley's Corner)
620 Intersection improvements at Methuen MA 1,000,000
Riverside Drive and Burnham Road
621 Intersection Improvements at Route Sterling MA 320,000
140/Route 62
622 Intersection Improvements on Route Ayer and Littleton MA 1,000,000
2A at Willow Road and Bruce Street
623 Intersection reconstruction on Rte Haverhill MA 1,000,000
108 (Newton Road) at Rte 110
(Kenoza Ave. and Amesbury Road)
624 James Street Project Chicopee MA 2,000,000
625 Lake Cochituate Path Natick MA 3,078,722
626 Leyden Road Sidewalk Construction Greenfield MA 1,840,000
627 Lynn Commuter Rail Station Lynn MA 10,000,000
Rehabilitation
628 McGrath Highway Road Diet / Somerville MA 500,000
Protected Bike Lane Project
629 Merrymount Bridge Reconstruction Quincy MA 6,000,000
Project
630 MetroWest Regional Transit Framingham MA 1,600,000
Authority Blandin Back Entrance
(MWRTA BEB Project)
631 New vans for elderly and those with Haverhill MA 375,000
disabilities
632 North Adams Adventure Trail North Adams MA 2,000,000
633 Peabody Canal Riverwalk Peabody MA 6,642,980
Construction
634 Planning and Design for protecting Boston MA 2,500,000
critical transportation
infrastructure and improving
pedestrian access to the Northern
Avenue Bridge and along the Fort
Point Channel
635 Reconstruction and Related Work Winthrop MA 5,058,493
Along Revere Street Corridor
636 Reconstruction and related work on Lowell MA 3,000,000
VFW Highway
637 Reconstruction of Foster Street Littleton MA 2,000,000
638 Regional Bike and Walking Trail North Attleborough MA 1,500,000
(North Attleborough Branch)
639 Rehab Fitchburg Intermodal Center Fitchburg MA 400,000
640 Rehabilitation & Box Widening on Shrewsbury MA 8,000,000
Route 20, from Route 9 to South
Street
641 Rehabilitation of Boston Road Westford MA 2,000,000
642 Replace diesel bus with hybrid bus Lowell MA 624,800
643 Replace fueling station at 100 Hale Lowell MA 775,200
Street
644 Riverbank stabilization Haverhill MA 725,000
construction at MVRTA bus garage
and administration building
645 Roadway rehabilitation on route 101 Ashburnham MA 1,000,000
south (Ashburnham)
646 Route 131 Bridge Project Dudley MA 1,000,000
647 Route 28 / Route 38 Intersection Somerville MA 3,000,000
Safety Improvements Project
648 Ruggles Station State of Good Roxbury MA 3,000,000
Repair Improvements
649 Stoughton Intersection Improvements Stoughton MA 1,840,000
at Canton St. (Route 27), School
St., and Summer St.
650 Sturbridge Roundabout Construction Sturbridge MA 1,000,000
651 Sudbury-Concord Bike Path Concord MA 1,000,000
Construction (Bruce Freeman Trail)
[[Page H3356]]
652 Taunton River Trail Taunton MA 4,800,000
653 Union Station Regreening & Lighting Springfield MA 6,000,000
Project
654 Walnut Street Signalization Project Foxborough MA 2,000,000
655 Warren Street / Blue Hill Avenue Boston MA 12,000,000
Multi-modal Corridor Phase I
656 West Rodney French Improvement New Bedford MA 2,373,680
Project
657 West Street/Route 27 Intersection Medfield MA 1,440,000
Reconstruction
658 Baltimore Greenway Trails Network: Baltimore City MD 13,200,000
Critical Corridor Advancements
................................... ..................... ..................... 4,400,000
................................... ..................... ..................... 4,400,000
................................... ..................... ..................... 4,400,000
659 Bicycle-Pedestrian Priority Area Montgomery County MD 6,500,000
Improvements--Purple Line (TIP
3642 Pedestrian Safety Program)
660 Dobbin Road Pathway Columbia MD 3,200,000
661 Dual Locomotives for Commuter Rail Baltimore City MD 2,000,000
Service in the Future B&P Tunnel
................................... ..................... ..................... 1,000,000
................................... ..................... ..................... 1,000,000
662 East-West Priority Corridor Baltimore MD 15,000,000
................................... ..................... ..................... 5,000,000
................................... ..................... ..................... 5,000,000
................................... ..................... ..................... 5,000,000
663 Electric Bus Grants Rockville, Silver MD 4,992,000
Spring
................................... ..................... ..................... 1,937,000
................................... ..................... ..................... 1,780,000
................................... ..................... ..................... 1,275,000
664 Fayette Street Bridge Replacement Cumberland MD 4,800,000
665 Frederick and Pennsylvania Railroad City of Frederick and MD 2,560,000
Trail Walkersville
666 Howard County Flash Extension Columbia MD 3,200,000
667 I-81 Phase 2 Reconstruction Hagerstown MD 4,620,000
668 Interstate 95/Greenbelt METRO/MARC Greenbelt MD 20,000,000
Station Access and Redevelopment
Project
669 MicroTransit & Demand Response Owings Mills MD 2,019,012
Electric Transit Vehicles and
Infrastructure
670 New Carrollton Metro/MARC/Amtrak/ Landover MD 18,480,000
Purple Line Multimodal Transit
District Right-of-Way Improvements
671 Northwest Expressway (I-795) at Owings Mills MD 800,000
Dolfield Boulevard Interchange
Redesign
672 Parole Transportation Center Annapolis MD 2,000,000
673 US 1 Safety Projects North Laurel, Savage, MD 3,200,000
Jessup, Elkridge
674 US 15 Frederick Freeway Frederick MD 8,800,000
Reconstruction
675 US 29 Rapid Transit Improvements-- Silver Spring MD 4,000,000
Phase 2 Design
676 Veirs Mill /Randolph Bicycle & Rockville MD 6,000,000
Pedestrian Priority Improvements
677 Woodley Road Extension to MD 715 Aberdeen MD 5,000,000
678 Berwick Route 9--Intersection Berwick ME 800,000
Improvements
679 Casco Bay Lines Replacement Ferry Portland ME 7,500,000
680 Maine State Ferry Vessel Rockland ME 7,500,000
Replacement
681 Milo, Sebec River Bridge Milo ME 8,000,000
Replacements and Village
Improvements
682 New Transit Hub Bangor ME 327,600
683 Sanford SRTS Multi-Use Trail Sanford ME 400,000
684 Sanford US Route 202/State Route 4A Sanford ME 3,600,000
685 U.S. Route 1 Improvements Van Buren ME 10,700,000
686 10 Mile Signal Modernization Center Line MI 550,068
687 14 Mile Rd Rehabilitation, Lahser Beverly Hills MI 1,208,080
to Evergreen
688 14 Mile Road Roseville MI 3,100,000
689 21 Mile Road Bridge Replacement Macomb Township MI 1,616,800
over the Gloede Drain
690 Airport Road Rehabilitation Project Blackman Township, MI 4,930,000
Jackson County
691 Beck Road Business Corridor Wixom MI 18,612,000
Railroad Grade Crossing Safety
Project
692 Bridge and Pedestrian Facility Detroit MI 1,838,812
Upgrades on the Detroit Riverwalk
693 Bristol Road and Van Slyke Road Flint Township MI 700,000
Concrete Pavement Reconstruction
Project
694 Bristol Road: Mill and Resurface Burton MI 1,248,000
695 Burcham Dr. East Lansing MI 1,017,838
696 Center Road Reconstruction Project Genesee Township MI 600,000
697 Coolidge Rd (Road Rehabilitation East Lansing MI 883,359
and Bike Lanes)
698 Division Avenue Project Grand Rapids MI 4,200,000
699 E Michigan Avenue Lansing MI 2,589,121
700 Feher Drive Reconstruction & Montrose MI 680,000
Pedestrian Improvement Project
701 Fenton Road Bridge over the Thread Flint MI 400,000
Creek
702 Flint Mass Transportation Authority Flint MI 1,062,387
(MTA) Rides to Wellness Facility
Expansion/Renovation
703 Genesee Street Bridge over Farmers Lapeer MI 1,896,750
Creek
704 Grandville Avenue Project Grand Rapids MI 4,000,000
705 Haist Road over Pigeon River Winsor Township MI 194,000
Preventive Maintenance
706 Hubbard Street Rehabilitation Mount Clemens MI 942,400
[[Page H3357]]
707 Inkster Road Bridge Over the Lower Inkster MI 329,600
Rouge River--Capital Preventative
Maintenance
708 Intelligent Transportation Systems Pontiac MI 2,240,000
Capital Investments in Traffic
Signals on M-59
709 Iron Belle Trail Burton MI 1,200,000
710 Joe Louis Greenway Hamtramck Drive City of Hamtramck MI 3,920,000
Shared Use Path
711 Kalamazoo US-131/US-131BR Kalamazoo MI 14,745,600
712 Kelly Road Fraser MI 3,500,000
713 King Road Bridge Replacement over China Township MI 2,299,800
the Belle River
714 Kuhl Road over Shebeon Drain Bridge Fairhaven Township MI 1,282,400
Replacement
715 Lake Shore Drive, Houghton County, Calumet and Hancock MI 1,040,000
Michigan Township
716 M-143W Lansing MI 597,767
717 M-46 and M-19 Reconstruction Elmer Township MI 10,073,042
718 Marlette Road Bridge over South Marlette MI 1,406,000
Branch of the Cass River
719 Miller Road and Rotunda Drive Dearborn MI 20,000,000
Bridges
720 Mound Road Industrial Corridor Macomb County, Warren MI 11,000,000
Technology and Innovation Project
................................... ..................... ..................... 1,000,000
................................... ..................... ..................... 10,000,000
721 Mt. Vernon Street Reconstruction Southfield MI 4,400,000
722 N Cedar St Mason MI 2,543,083
723 N Putnam St Williamston MI 375,000
724 N. Leroy Streetscape and Fenton MI 1,600,000
Resurfacing Project
725 North Beech Daily Road Dearborn Heights MI 1,417,226
Rehabilitation Project
726 Oakland Avenue Road Rehabilitation Highland Park MI 1,212,169
Project
727 Oakville Waltz Road London Township MI 3,728,000
728 Orchard Lake Road from 13 Mile to Farmington Hills MI 1,076,085
14 Mile
729 Orchard Lake Road from Middlebelt City of Sylvan Lake, MI 2,000,000
to Pontiac City Limits West Bloomfield and
Bloomfield Township
in Oakland County
730 Ottawa Avenue Project Grand Rapids MI 845,000
731 Joe Louis Greenway Phase One Detroit MI 2,000,000
(Conrail 1 / May Creek)
732 Pennsylvania Road Grade Separation On border of City of MI 15,000,000
Romulus and Huron
Township
733 Pierson Road Reconstruction Project Mt. Morris Township MI 2,400,000
734 Plank Road over US-23 Milan MI 4,335,618
735 Reid Road Downtown Streetscape and Grand Blanc MI 700,000
Rehabilitation Spur Community
Project
736 Resurfacing of 12 Mile Road in Southfield MI 750,000
Southfield from Northwester Hwy to
Telegraph Road
737 S Pennsylvania Ave Lansing MI 1,472,000
738 Saginaw Street Road Reconstruction Flint MI 1,600,000
Project
739 Saginaw Transit Authority Regional Saginaw MI 2,388,456
Services (STARS) Bus Replacement
740 Saginaw Transit Authority Regional Saginaw MI 200,000
Services (STARS) Potter Street
Station Study
741 Silver Lake Road Connector Trail Fenton and Linden MI 868,682
742 Skanee Road Improvements (from L'Anse and Arvon MI 7,530,000
Jentoft Road to Town Road) Townships
743 Skanee Road Improvements (from Town Arvon Township MI 4,000,000
Road to Portice Road)
744 Snyder Rd. East Lansing MI 263,500
745 St. Ignace Road Reconstruction Marquette Township MI 800,000
746 State Park Drive Reconstruction Charter Township of MI 2,000,000
Bangor and Bay City
747 US-12 over the Coldwater River Coldwater MI 645,360
Reconstruction
748 US-127 and US-223 Resurfacing Addison MI 4,800,000
749 W Grand River Rd Howell MI 296,826
750 W Silver Bell Rd Auburn Hills and MI 4,200,000
Orion Township
751 Waverly Rd Lansing MI 744,762
752 Wealthy Street- Fuller Ave to East Grand Rapids MI 7,250,000
City Limits
753 Wenona Avenue Reconstruction Bay City MI 2,325,000
754 Apple Valley Transit Station Apple Valley MN 800,000
Modernization
755 Bottineau LRT Project Minneapolis to MN 20,000,000
Brooklyn Park
................................... ..................... ..................... 10,000,000
................................... ..................... ..................... 10,000,000
756 Burnsville Bus Garage Modernization Burnsville MN 2,400,000
757 City of Wabasha Highway 60 Wabasha MN 3,975,000
Realignment
758 E-Line Bus Rapid Transit (BRT) Minneapolis to Edina MN 5,000,000
................................... ..................... ..................... 2,500,000
................................... ..................... ..................... 2,500,000
759 F-Line Bus Rapid Transit (BRT) Columbia Heights MN 4,500,000
760 Goodhue County CSAH 2 Bridge Red Wing MN 640,000
Replacement
761 I-35/CSAH 50 Interchange Lakeville MN 700,000
Preliminary Engineering
762 I-94 Expansion St. Paul MN 20,000,000
763 Kellogg-Third Street Bridge St. Paul MN 7,500,000
764 Pedestrian Bridge Over I-94 Minneapolis MN 3,000,000
765 Reconnect Rondo Land Bridge Saint Paul MN 5,200,000
766 Rice Street Revitalization Project Saint Paul MN 6,864,000
767 University of Minnesota Arboretum Chaska MN 5,840,000
Access and Egress Improvements
[[Page H3358]]
768 US 169/TH 282/ CH 9 Interchange Jordan MN 2,300,000
Project
769 US Highway 8 Reconstruction Chisago City, MN 20,000,000
Wyoming, Forest Lake
770 Veterans Memorial Greenway Eagan MN 5,000,000
771 Adding signing and striping for St. Louis MO 708,800
wrong way counter-measures at
various ramp locations throughout
the St. Louis District
772 Bridge improvement and widening Montgomery County MO 720,000
over Elkhorn Creek 1.6 miles south
of Rte. CC near Buell
773 Bridge Rehab at Pitman Ave, I-70, Wentzville MO 3,088,000
and I-64 in Wentzville
774 Bridge Rehabilitation and Pavement St. Louis MO 2,576,000
Repairs
775 Chadwick Flyer Central Greenway Springfield MO 4,000,000
Trail
776 Cliffs Drive State Scenic Byway Kansas City MO 2,160,000
Improvements
777 Downtown Odessa Infrastructure Odessa MO 900,000
Improvements
778 Expand I-44 to 6 lanes in the Springfield MO 1,800,000
Springfield area
779 Grand Street Pedestrian Underpass Springfield MO 3,000,000
and Streetscape Improvements
780 Hydraulic Study for causeway north Washington MO 240,000
of Washington
781 I-44: Bridge rehabilitation over Laclede County MO 331,200
Gasconade overflow. Project
involves bridge L0753
782 I-70: Bridge improvements over Cooper County MO 246,400
Chouteau Creek. Project involves
bridge A5118 and A5119
783 Improve bridge conditions at Rt. C Audrain County MO 548,800
in Audrain County
784 Improve pavement condition Rt. BB Randolph County MO 600,800
Randolph County
785 Improve pavement condition Rt. K Randolph County MO 763,200
Randolph County
786 Interstate 35 and 19th Street Kearney MO 5,500,000
Interchange
787 Jazz District Pedestrian Plaza at Kansas City MO 6,000,000
18th & Vine
788 Kansas City Regional Zero Emission Kansas City MO 10,500,000
Electric Bus Program
................................... ..................... ..................... 6,000,000
................................... ..................... ..................... 4,500,000
789 Little Blue Trace--Rock Island Kansas City MO 500,000
Trail Connector
790 MM Highway Expansion from I-44 to Republic MO 3,200,000
US 60
791 MO 100: Bridge improvements over Osage County MO 917,600
Cedar Creek Project involves A1848
792 MO 100: Upgrade pedestrian St. Louis MO 2,500,000
facilities to comply with ADA
Transition Plan and pavement
resurfacing from Rte. 61 to Big
Bend Blvd, bridge replacement over
Black Creek, signal replacement
793 MO 127: Bridge rehabilitation over Pettis County MO 786,400
Basin Fork Creek 0.6 mile south of
Dove Road and 0.7 mile north of
Chaney Road. Project involves
bridge X0439
794 MO 13: Add turn lanes at the Johnson County MO 425,600
intersection of Rte. E
795 MO 13: Pavement improvements on the St. Clair County MO 748,800
southbound lanes from SE 1100 Road
to NE 201 Road
796 MO 19: I-70 to Hermann add Montgomery County MO 880,000
shoulders
797 MO 23: Add turn lanes at the Johnson County MO 395,200
intersection of Rte. D
798 MO 254: Pavement improvements from Hermitage MO 440,000
Route 64 to Route 54 in Hermitage.
799 MO 38: Pavement resurfacing from Webster County MO 676,800
Rte. J to west of Rte. CC.
800 MO 47: Engineering for pavement Troy and Hawk Point MO 925,600
improvements from H to A.
801 MO 7: Bridge Rehabilitation over Benton County MO 96,000
Truman Lake. Project involves
bridge A3465
802 MO 89: Pavement improvements from Rte. 50 to Rte. E in MO 2,833,600
Rte. 50 to Rte. E Osage County
803 MO94 Bridge over Treloar Creek Warren County MO 640,800
Bridge
804 North Baltimore (Business 63) Kirksville MO 955,294
Improvements
805 OR 70: Bridge replacement over Boone County MO 852,800
Little Cedar Creek. Project
involves bridge N0974
806 Pavement improvements and add Pulaski County MO 2,656,000
rumblestripes from I-44 outer road
to end of state maintenance, Rte.
W from Rte. 7 to end of state
maintenance, and Rte. O from Rte.
28 to end of state maintenance.
807 Payment to St. Robert to add St. Robert MO 547,200
sidewalks and upgrade signalized
intersection at St. Robert
Boulevard in St. Robert
808 Raum Road Bridge Replacement Lawson MO 3,128,000
809 Riverway Boulevard Reconstruction Riverside MO 3,200,000
810 RT 18: Pavement improvements from Adrian MO 1,586,400
Rte. Y to I-49 in Adrian and on
Loop 49 from Passaic to Rte. 52 in
Butler.
811 RT A: Bridge replacement over Enon Moniteau County MO 1,091,200
Creek. Project involves bridge
K0851
812 RT A: Bridge replacement over Cole County MO 545,600
Moreau Creek. Project involves
R0235
813 RT J: Bridge rehabilitation over Peculiar MO 555,200
Young Branch, 0.1 mile south of
217th Street and 0.4 mile
northeast of Branic Drive in
Peculiar. Project involves bridge
A2331
814 RT J: Bridge removal over the Camden County MO 204,800
Niangua River. Project involves
bridge S0391
815 RT K: Pavement improvements from I- Nevada MO 448,000
49 to County Road 1800 near
Nevada.
[[Page H3359]]
816 RT PP: Pavement improvements from Roseland MO 453,600
Route C in Roseland to Route 7 in
Tightwad
817 RT T: Pavement improvements and add Morgan County MO 3,020,000
rumblestripes from Rte. 52 to Rte.
135 and from Rte. 135 to the end
of state maintenance
818 RT. K bridge replacement over Dry Montgomery County MO 965,600
Fork Creek Bridge
819 Study to determine base stability McKittrick MO 80,000
and flood resiliency near
McKitrick
820 Updated study for RR overpass near High Hill MO 1,600,000
High Hill
821 Upgrade pedestrian facilities to Windsor MO 140,800
comply with the ADA Transition
Plan on Rte. 2 from Chisman Street
to Rte. 52 in Windsor and on Rte.
Y from Rte. 52 to Wall Street in
Windsor
822 US 160: Pavement improvements from Lamar MO 609,600
I-49 in Lamar Heights to County
Road 30th Lane east of Lamar.
823 US 50: Reconstruct concrete Rte. EE to MO 2,800,000
pavement from Rte. EE to Independence Road in
Independence Rd. Franklin County
824 US 50: Reconstruct pavement from Rte. Y to Rte. C in MO 2,640,000
Rte. Y to Rte. C Franklin County
825 US 54: Study for updated scope & Louisiana MO 800,000
estimate for shared 4-lane from
Mexico to Louisiana
................................... ..................... ..................... 400,000
................................... ..................... ..................... 400,000
826 US60 and Route 125 Interchange Rogersville MO 5,250,000
827 US65: Pavement improvements from Warsaw MO 1,049,600
the Osage River in Warsaw to 0.4
mile south of Rte. MM.
828 West Florissant Avenue Great Ferguson, Dellwood, MO 10,000,000
Streets and Jennings
829 A/E Design for the Fixed Route Bus Saipan MP 300,000
Stops
830 Construction of Bus Transfer Saipan MP 900,000
Stations at the Northern Marianas
College, Paseo De Marianas and
Kagman
831 Construction of the Commonwealth Saipan MP 3,000,000
Office of Transit Authority
Covered Bus Parking Facility
832 Design and Construction of the Rota Rota MP 520,000
Transit Maintenance Facility
833 Design and Construction of Tinian Tinian MP 520,000
Transit Maintenance Facility
834 Procurement of Four (4) Rolling Rota and Tinian MP 480,000
Stocks for Rota and Tinian Demand
Responsive Services
835 Route 10 Drainage Improvements and Rota MP 2,000,000
Road Overlay
836 Route 205 Road and Drainage Tinian MP 2,000,000
Improvements
837 Route 30 (Chalan Pale Arnold) Saipan MP 2,000,000
Safety Improvements
838 Route 302 (Naftan Road) Saipan MP 2,000,000
Improvements
839 Supply and Installation of 187 Bus Saipan MP 4,500,000
Stop Shelters
840 Supply of Maintenance Equipment & Saipan MP 400,000
Tools for the COTA Maintenance
Facility
841 Bulldog Way Extended Improvements Starkville MS 3,360,000
842 Jackson Point Road Bridge Wilkinson County MS 4,000,000
843 Mississippi Band of Choctaw Indians Choctaw MS 2,653,195
Multi-Road Overlay Project
844 Morgantown Road Safety Improvements Natchez MS 2,400,000
845 Bozeman Segment One--Reunion Access Madison MS 4,000,000
Network
846 Airport Boulevard Sidewalk Morrisville NC 208,000
847 Atlantic & Yadkin Greenway, Phase 2 Greensboro NC 6,400,000
848 Avent Ferry Road Realignment Holly Springs NC 1,000,000
849 B-5871 Replace Bridge no. 628 Over Lake Lure NC 8,000,000
Lake Lure 5250. Dam and Broad
River
850 Black Creek Greenway Cary NC 4,984,800
851 Bryant Bridge North/Goose Creek Durham NC 2,320,000
West Trail
852 Bus Replacement Funding for Chapel Hill NC 8,000,000
Triangle Transit Systems
853 CATS Battery Electric Bus Fleet Charlotte NC 8,000,000
Transition
854 Downtown Pedestrian Bridge Rocky Mount NC 4,000,000
855 Duke Beltline Trail Durham NC 7,726,000
856 EB-5753 Baldwin Avenue Sidewalk Marion NC 349,600
Project
857 Electric buses and charging Greensboro NC 2,759,000
infrastructure, City of Greensboro
858 Festival Street Cornelius NC 2,200,000
859 Fuquay-Varina Townwide ITS/Signal Fuquay-Varina NC 2,560,000
System
860 GoRaleigh/GoWake Coordinated ADA Raleigh NC 9,000,000
Paratransit Facility
861 Greenville Bridge Repair and Greenville NC 2,851,200
Replacement
862 Hanging Dog Bridge Murphy NC 1,676,000
863 High Point Heritage Greenway--Phase High Point NC 4,000,000
1
864 Jonathan Creek Safety Project Maggie Valley NC 160,000
865 Military Cutoff Road (US 17)/ Wilmington NC 3,840,000
Eastwood Road (US 74) Interchange
(Drysdale Drive Extension)
866 N. Fork Coweeta Creek Bridge Otta NC 452,000
Replacement
867 Pender Street Pedestrian Wilson NC 8,400,000
Improvement, Infrastructure
Repair, and Resurfacing
868 RIDE- Rural Microtransit Wilson NC 2,000,000
869 Silas Creek Parkway Sidewalk Winston-Salem NC 4,533,600
870 South Tar River Greenway Greenville NC 1,775,000
871 Streetlighting on High Injury Charlotte NC 8,000,000
Network
872 Transit Bus Stop Improvements Chapel Hill NC 900,000
873 US 19/129 Road Improvements Murphy NC 3,851,000
[[Page H3360]]
874 US 74/NC 108 Interchange Columbus NC 1,000,000
875 Heartland Expressway Phase III Minatare NE 10,000,000
876 Signal System Master Plan Omaha NE 20,000,000
Accelerated Implementation
877 US-275 Norfolk to Wisner Norfolk to Wisner NE 20,000,000
878 Ashuelot-Trail Cheshire Trail Swanzey NH 1,200,000
(42511)
879 Bedford 40664--U.S. 3 Widening from Bedford NH 4,980,000
Hawthorne Drive North to
Manchester Airport Access Road
880 Claremont Intersection Improvements Claremont NH 1,000,000
(13428)
881 Conway Phase II Pathway Conway NH 1,656,000
882 Derry Rail Trail (Folsom Rd to Derry NH 792,000
Londonderry town line)
883 George Street Bridge (40653) Keene NH 729,191
884 Gorham Sidewalk (Route 2 (Lancaster Gorham NH 898,196
Rd))
885 Heritage Rail Trail East Nashua NH 1,200,000
886 Littleton Sidewalk Project (41362) Littleton NH 710,159
887 Loudon Intersection Improvements Loudon NH 2,347,256
(40632)
888 Malboro Street Cheshire Rail Trail Keene NH 681,123
(42515)
889 Maplewood Avenue Complete Streets Portsmouth NH 2,804,300
890 Merrimack River Greenway Concord NH 1,584,800
891 Multi-use Path Connecting Warner Warner NH 920,000
Village to Exit 9 Business Area
892 NH 128 and Sherburne Road and Pelham NH 1,240,000
Mammoth and 111A
893 Pedestrian Bridge Crossing Granite Manchester NH 3,360,000
Street
894 Plymouth Sidewalk Project Plymouth NH 414,000
895 Reconstruct Mechanic St / High St / Lebanon NH 2,400,000
Mascoma St Intersection (4094)
896 Rt 11 Safety and Capacity Rochester NH 5,664,000
Improvements
897 Spruce Street Connector Nashua NH 1,000,000
898 Trestle Bridge--Mill City Park Franklin NH 1,200,000
Trail
899 Waterville Valley Pedestrian Waterville Valley NH 948,110
Improvements
900 Whitefield Sidewalk Project Whitefield NH 396,704
901 Berkshire Valley Road Truck Kenvil (Roxbury NJ 2,000,000
Circulation Project Township)
902 Bloomfield Avenue Roadway West Caldwell, NJ 10,000,000
Improvements & Traffic Signal Caldwell, North
Modernization Caldwell, Verona,
Montclair, Glen
Ridge, Bloomfield,
and Newark
................................... ..................... ..................... 5,000,000
................................... ..................... ..................... 5,000,000
903 Bloomfield Station Rehabilitation Bloomfield NJ 2,000,000
Project
904 Carteret Ferry Terminal Project Carteret NJ 5,625,000
905 City of Passaic Pedestrian Greenway Passaic NJ 883,432
Project
906 Construction of Pedestrian Bridge Long Valley NJ 1,000,000
on Columbia Trail (Relocation of (Washington
Openaki Bridge Truss) Township)
907 Cranford Station Rehabilitation Cranford NJ 1,120,000
Project
908 Dennisville Petersburg Road (CR Dennis Township NJ 1,640,000
610) Resurfacing Improvements
909 Dunellen Bikeway and Pedestrian Dunellen NJ 475,723
Safety Improvements
910 East Orange Train Station East Orange NJ 800,000
911 Enhanced Laydown Area for Offshore Paulsboro NJ 4,750,000
Wind Industry, Paulsboro Marine
Terminal
912 Freehold's Parking Improvement Freehold Borough NJ 557,716
project
913 Great Falls Gateway Phase II Paterson NJ 972,000
914 Hackettstown Mobility Improvement Hackettstown NJ 4,712,000
915 Hamilton Street Plaza Project Bound Brook NJ 1,760,000
916 Hand Avenue (CR-658) Bridge Over Middle Township NJ 1,310,000
Skeeter Island Creek
917 Highlands Rail Trail Phase II Wanaque NJ 800,000
918 Hudson County's County Avenue Secaucus NJ 1,400,000
Reconstruction
919 Irvington Avenue Sidewalks and South Orange NJ 2,750,000
Streetscape Improvements
920 Jackson Avenue/Riverside Avenue Rutherford NJ 250,000
Improvements Project
921 Kingsland Avenue Bridge Replacement Lyndhurst and Nutley NJ 5,000,000
Project
922 Koleda Park Improvement Project Middletown NJ 800,000
923 Lackawanna Cut-off Culvert Byram NJ 1,600,000
Relocation
924 Lincoln Avenue Drainage Elizabeth NJ 2,080,000
Improvements Project
925 Long Branch Intermodal Station Long Branch NJ 13,000,000
Project
926 McBride Avenue Roundabout Project Woodland Park NJ 960,000
927 Mercer County Bus Purchase West Trenton NJ 732,000
928 Mercer County Electric Vehicles and Trenton NJ 454,500
Electric Vehicle Charging Stations
929 Mercer County Roadway Safety Mercer County NJ 640,000
Improvements
930 Newark Broad Street Signal Newark NJ 1,650,000
Optimization
931 North Broad Street Redevelopment Newark NJ 1,200,000
Project
932 Ocean Drive (CR621) Upgrades and Lower Township NJ 7,000,000
Bridge Improvements
933 Parkside Neighborhood School and Camden NJ 6,000,000
Pedestrian Traffic Safety
934 Passaic Bus Terminal Canopy Passaic NJ 1,600,000
935 Patriots Way Bridge Superstructure Oakland NJ 4,184,830
Replacement
936 Pedestrian Bridge at the Great Paterson NJ 1,000,000
Falls National Historical Park
937 Pedestrian Improvement for Metro Township of NJ 1,250,000
Park Woodbridge
938 Permanent Ferry Terminal Peninsula Bayonne NJ 4,321,600
Project
939 Pleasant Avenue & Park Avenue / Weehawken NJ 7,520,000
Pedestrian & Vehicular Safety
Improvements & Restoration Project
940 Point Pleasant Beach Channel Drive Point Pleasant Beach NJ 1,399,785
ADA Compliance Upgrade and Surface Borough
Revitalization project
[[Page H3361]]
941 Pompton River Rail Bridge Township of NJ 1,500,000
(Pequannock Valley Pedestrian Pequannock, Morris
Trail) Substructure Repair County, and Township
of Wayne, Passaic
County
942 Reconstruction of Pedestrian Bridgewater NJ 1,280,000
Bridges over Cole Drive
(Bridgewater Train Station)
943 Replacement of Morris County Bridge Montville/Pine Brooke NJ 2,000,000
1400-433 on Bloomfield Avenue over
a Tributary to Passaic River in
the Township of Montville, Morris
County
944 Replacement of Morris County Bridge Denville NJ 1,000,000
1400-935 on Lenape Island Road
over Indian Lake in the Township
of Denville, Morris County
945 River Road Overpass West New York NJ 5,200,000
946 River Road Subsurface Soil Edgewater NJ 1,760,000
Stabilization
947 Roadway Rehabilitation East Somerdale, Hi-Nella, NJ 1,500,000
Atlantic Avenue CR727 Stratford
948 Roadway Rehabilitation Evesham Lawnside, Magnolia, NJ 2,500,000
Road, CR 544 Somerdale, Cherry
Hill, Voorhees
949 Roadway Rehabilitation Haddon Ave. Haddon Township, NJ 3,000,000
CR561 Collingswood
950 Roadway Rehabilitation Red Bank Woodbury NJ 1,765,000
Avenue CR644
951 Route 202, First Avenue Raritan NJ 3,340,685
Intersection Improvements - Right
of Way Acquisitions
952 Route 29 Tunnel Ventilation System Trenton NJ 2,400,000
953 Route 33 Bridge Over Millstone Millstone Township NJ 3,640,000
River
954 Route 35 Bridge Over the North Wall NJ 3,736,000
Branch of Wreck Pond
955 Route 55/Route 47 Interchange Millville NJ 9,250,000
956 Seaside Heights Boardwalk Seaside Heights NJ 400,000
Replacement
957 Shaler Boulevard Streetscape Ridgefield NJ 250,000
Project
958 Skyline Drive Bicycle and Ringwood NJ 800,000
Pedestrian Bridge
959 South Orange Avenue Streetscape Newark NJ 4,000,000
Improvement Project
960 Study & Engineering Design for the Hopatcong NJ 2,360,000
Rehabilitation or Replacement of
Sussex County Bridge K-03 in the
Borough of Hopatcong
961 Sussex County Guide Rail Upgrade Frankford and Wantage NJ 1,000,000
Program
962 Sussex County Skylands Ride Capital Hamburg NJ 400,000
Project
963 Teaneck Pedestrian Overpass Teaneck NJ 4,000,000
Replacement
964 Tenafly Roadway Resurface & Borough of Tenafly NJ 1,545,000
Improvements
965 The County Road 539 Overpass Plumstead NJ 8,000,000
Project
................................... ..................... ..................... 7,000,000
................................... ..................... ..................... 1,000,000
966 Traffic Signal Optimization/ Newark NJ 1,600,000
Adaptive Signals Along McCarter
Highway (Route 21)
967 U.S. Route 130/Delaware Avenue/ Florence Township NJ 17,320,000
Florence Columbus Road
Intersection Improvements
968 Union County Structurally Deficient Union Township NJ 400,000
Bridge Initiative - Allen Ave.
Bridge, Township of Union
969 Union County Structurally Deficient Kenilworth NJ 600,000
Bridge Initiative - Faitoute Ave.
Bridge, Kenilworth
970 Union County Structurally Deficient Summit NJ 600,000
Bridge Initiative--High Street
Bridge
971 Union County Structurally Deficient Summit NJ 760,000
Bridge Initiative - Oakland Place
Bridge
972 Union County Structurally Deficient Summit NJ 800,000
Bridge Initiative - Pine Grove
Avenue Bridge
973 Union County Structurally Deficient Summit NJ 600,000
Bridge Initiative - Shunpike Road
Bridge
974 Union County Structurally Deficient Cranford NJ 800,000
Bridge Initiative--Spring Garden
Bridge, Cranford
975 West County Drive (CR 646) Township of NJ 6,493,600
Extension Branchburg
976 West Milford Bikeway Connector West Milford NJ 536,000
Project
977 Willingboro EV Charging Stations Willingboro NJ 800,000
978 Woodbine Bikeway and Trailhead Borough of Woodbine NJ 800,000
Improvements
979 Arroyo De Los Chamisos Crossing Santa Fe NM 4,900,000
980 Coal Avenue Commons ``Event Gallup NM 3,500,000
Street''
981 County Road 43--Superman Canyon McKinley County-- NM 4,500,000
Bridges Churchrock Chapter
982 Foothills Drive Enhancement Phase Farmington NM 1,324,800
III
983 Kilgore Street Improvements Portales NM 2,079,000
984 Rio Lucero Road Improvement Project Taos Pueblo NM 3,048,910
985 Wild Rose Road (Route #670) and Santa Clara Pueblo NM 618,000
Pedestrian Improvement Project
986 Arlington Avenue Bridges Project Reno NV 6,000,000
987 Charleston Boulevard Underpass Las Vegas NV 7,000,000
988 Charleston Park Avenue Pahrump NV 1,552,079
Reconstruction Project
989 Coleman Road Expansion Fallon NV 5,000,000
990 Hydrogen Fuel Cell Bus and Fuel Reno NV 5,240,000
Site Project
991 I-15 South Package 2--Sloan to Blue Las Vegas NV 5,000,000
Diamond
992 Maryland Parkway Bus Rapid Transit Las Vegas NV 5,000,000
Zero Emission Fleet
993 North Las Vegas Street Light North Las Vegas NV 12,000,000
Conversion
994 Rancho Drive Complete Streets Las Vegas NV 3,000,000
Improvements
995 SR28 Central Corridor Sand Harbor Carson City NV 1,760,000
to Spooner--Secret Harbor to Skunk
Harbor Trail, Parking and Safety
Improvements
996 William Street Complete Streets Carson City NV 2,000,000
Project
[[Page H3362]]
997 ADA: Classon Ave / Crosstown Line Brooklyn NY 5,000,000
(G Train)
998 ADA: Forest Hills Platform Queens NY 16,910,000
Extensions & Elevators
999 ADA: Parkchester-E.177 St / Pelham Bronx NY 15,000,000
Line (6 Train)
1000 Asharoken Avenue Northport NY 800,000
1001 Bannister Creek Bridge Lawrence NY 4,940,000
Rehabilitation
1002 Basher Pedestrian Bridge Tarrytown NY 494,400
Rehabilitation
1003 Bayville Bridge Bayville NY 14,489,446
1004 Bridge Repair/Safety Assurance, Tarrytown NY 1,096,395
Westchester County
1005 Bridge Replacement of CR46 (William Brookhaven NY 7,200,000
Floyd Parkway) over Narrow Bay
1006 Broadway Junction Improvements Brooklyn NY 8,000,000
Phase 1, Brooklyn, NY, 8th
Congressional District
1007 City of Poughkeepsie Market Street Poughkeepsie NY 2,400,000
Connectivity Project
1008 Concrete Pavement Rehabilitation I- Brookhaven NY 7,998,048
495
1009 County Route 7&8--RTE 299 Roadway Towns of New Paltz NY 3,600,000
Repaving and Gardiner
1010 Craig Street Corridor Project Schenectady NY 2,700,000
1011 Del Valle Square/Crames Square Bronx NY 4,870,000
Traffic, Safety, and Plaza
Improvements
1012 DL&W Station Buffalo NY 5,000,000
1013 Electric Bus Charging Facility Rochester NY 800,000
1014 Elmwood Avenue Multiuse Corridor Rochester NY 8,596,000
Improvement
1015 Griswold Road over Murder Creek Darien NY 1,203,200
Bridge Replacement
1016 Half Moon Bay Bridge Reconstruction Croton-on-Hudson NY 1,500,000
Project
1017 Heritage Trail Extension: Hartley Town of Goshen NY 500,000
Road to Downtown Middletown
(Segment 2)
1018 High Line Connections--Hudson River New York NY 5,000,000
Park / Javits Center Connection
1019 Highland Avenue over Wallace Street Otisville NY 1,250,000
1020 Highway and Pedestrian Safety Kiryas Joel NY 1,380,000
Infrastructure Improvements
1021 Highway Improvements to the Oyster Bay NY 1,000,000
Interval Avenue Area, Farmingdale
1022 Hudson Highlands Fjord Trail Beacon NY 4,350,000
1023 Hudson Line Tunnels Peekskill NY 4,550,000
1024 I-84/Route 9D Connectivity (Beacon- Beacon and Town of NY 400,000
Fishkill) Fishkill
1025 Improvements to East Lincoln Oyster Bay NY 1,000,000
Avenue, Riverdale Avnenue and
Pirates Cove, Massapequa
1026 Inner Loop North Transformation Rochester NY 4,000,000
Project
1027 Lake St. Bridge Project Newburgh NY 1,750,000
1028 Lake to Lake Road Bridge Town of Gorham NY 1,464,000
Replacement
1029 Level 2 EV Charging Network in Queens NY 734,400
NYCDOT Municipal Parking
Facilities
1030 Little Bay Park Promenade Bayside NY 1,000,000
1031 Long Beach Road Improvements, South Rockville Centre NY 4,780,000
Hempstead, NY
1032 Multi-Modal Phase I/Pedestrian Amsterdam NY 4,500,000
Connector Project
1033 Newburgh Ferry Landing Pier Newburgh NY 4,000,000
1034 Northport Flooding on Main St. Northport NY 1,392,000
1035 Northwest Bronx School Safety Bronx NY 2,331,000
Improvement Project
1036 NY 146 and NY146A Bicycle & Clifton Park NY 1,055,000
Pedestrian Access Improvements
1037 NYS Route 133 Bike Lane Ossining NY 1,500,000
1038 Onondaga Lake Canalways Trail-- Syracuse NY 8,000,000
Salina Extension Project
1039 Orange-Dutchess Transportation Goshen NY 400,000
Access and Mobility Study
1040 Outer Harbor Multi-Use Trails Buffalo NY 2,000,000
1041 Park Ave--Ingersoll Houses Safety Brooklyn NY 1,942,000
Improvements
1042 Perry Road (CR 64) Highway Mt. Morris NY 1,440,000
Rehabilitation
1043 Phase 1 of the New York State Route Auburn NY 2,778,400
38 - State Street Pavement
Preservation Project
1044 Preventative Maintenance Pavement Town of Johnstown & NY 3,394,752
from Route 67/Route 10 Ephratah to Ephratah
Johnstown City Line
1045 Purchase of Eight Electric Buses Albany NY 6,000,000
for Use in Emerging Markets -
Montgomery County
1046 Putnam County's Donald B. Smith Carmel NY 1,500,000
Transit Hub
1047 Rapids Road Highway Improvements Lockport NY 4,000,000
1048 Reconstruction of Osborne Street Auburn NY 4,407,200
1049 Reconstruction of the Intersection Oneonta NY 3,200,000
of Rt 7, Rt 23 and Maple St in
Oneonta into Roundabout
Configuration
1050 Replacement of the Bridge Street Schoharie NY 6,254,400
Bridge over Schoharie Creek
1051 Restoration of Van Cortlandt Manor Croton-on-Hudson NY 600,000
Entrance Road Project
1052 Riverside Drive Pedestrian Mall New York NY 2,400,000
1053 Rose Road over Bowen Creek Bridge Batavia NY 1,033,600
Replacement
1054 Route 104 Intersection Improvement Ontario NY 1,254,400
Project
1055 Route 2 Multi-Modal Connectivity Troy NY 5,700,000
Project
1056 Route 28/South Inlet Lake Town of Arietta NY 6,621,248
1057 Route 31 Improvement Project Wayne County NY 2,970,400
1058 RT 12E/ Chaumont River Village of Chaumont NY 9,984,000
1059 Safe and Accessible Midtown Kingston NY 6,053,818
Kingston
1060 Safe Passage for CRCS Students Cuba NY 1,472,000
1061 Safe Routes to School- Bronx NY 1,682,000
Bronx
(HWCSCH4D)
[[Page H3363]]
1062 Safe Routes to School--Manhattan New York NY 3,643,000
(HWCSCHMN)
1063 Safe Routes to Transit 86th Street Brooklyn NY 2,516,000
1064 Sands Point Preserve Bridge Village of Sands NY 1,784,000
Point
1065 Sharp Road (CR 181) over Spring Concord NY 1,400,000
Brook Bridge Replacement
1066 Shoreline Trail Lackawanna and NY 2,000,000
Hamburg
1067 Southeast Queens Flooding Relief Queens NY 3,859,000
1068 Street Restoration in Brooklyn-- Brooklyn NY 4,884,000
Hancock St, Bushwick Ave, Hill St,
E 80th St
1069 The Maiden Lane Rehabilitation Greece NY 6,604,000
Project
1070 The New Rochelle LINC Project New Rochelle NY 13,000,000
1071 The Riverline Buffalo NY 10,500,000
1072 Twin Cities Highway Complete Tonawanda and North NY 500,000
Streets Tonawanda
1073 Ulster County Electric Bus Charging Kingston NY 800,000
Infrastructure
1074 Union Turnpike Center Median Queens NY 2,355,200
Replacement
1075 Van Wyck Expressway Access Queens NY 16,141,000
Improvement to John F. Kennedy
Airport
1076 Victor Traffic Mitigation Project Victor NY 9,920,000
1077 Village of Ossining Route 9 Road Ossining NY 1,000,000
Diet Project
1078 Water Street Rejuvenation Project Elmira NY 1,289,400
1079 West Broadway Rehabilitation Woodmere to NY 9,670,000
Cedarhurst
1080 West Lake Road (CR 3) Preventative Perry NY 931,478
Maintenance
1081 Williams Bridge Station Renewal Bronx NY 14,675,000
1082 Yonkers Greenway Yonkers NY 1,791,600
1083 11th Street Reconstruction Project Canton OH 1,500,000
1084 Arlington Road Corridor Green OH 5,578,551
1085 Bagley Road Reconstruction North Ridgeville OH 1,500,000
1086 BRO-32-4.16 Mt. Orab OH 10,000,000
1087 Cherry Rd Bridges Rehabilitation Massillon OH 1,480,000
1088 CLE CR 3 - Aicholtz Road Cincinnati OH 2,000,000
Roundabouts
1089 CLE SR32-2.33 - CLE CR55 Overpass Batavia OH 1,500,000
1090 Cleveland Avenue Multimodal Westerville OH 800,000
Facility Project
1091 Columbia Road--I-90 Interchange Westlake OH 1,900,000
1092 E. Main Street (SR153) & Nickel Louisville OH 1,200,000
Plate Intersection Improvement
1093 East Dayton Rails-to-Trails (Flight Dayton OH 2,000,000
Line)
1094 Easton Street/GlenOak HS Canton OH 575,000
Intersection Improvements
1095 Electric Trolley Power Distribution Dayton OH 3,600,000
System
1096 French Creek Greenway Phase 1 Avon OH 595,637
1097 Gaysport Bridge Replacement Project Philo OH 3,000,000
1098 HAM-75-1.95 Cincinnati OH 8,640,000
................................... ..................... ..................... 4,320,000
................................... ..................... ..................... 4,320,000
1099 Hydrogen Infrastructure Tank Canton OH 1,000,000
Increase
1100 Interchange Construction Project on Sunbury OH 3,000,000
I-71 at Sunbury Parkway
1101 Kungle Road Culvert Replacement Norton OH 308,000
1102 LUC IR 475 @ US 20A Interchange Lucas County OH 10,000,000
1103 Main Street Corridor Improvement Mansfield OH 2,000,000
Plan
1104 Miller Road--I77 Interchange Brecksville OH 12,000,000
1105 Olmsted Falls Columbia Rd. Olmsted Falls OH 1,900,000
1106 Pearl Road Brunswick Brunswick OH 2,718,700
1107 Pearl Road Improvements Brunswick OH 1,500,000
1108 River Styx Road/SR 162 Intersection Montville Township OH 3,200,000
Roundabout
1109 Sprague Road Widening Parma Parma OH 800,000
1110 SR283 Capacity Improvements Mentor OH 3,148,000
1111 Stark County CR-224 North Canton OH 350,000
1112 State Route 13 Relocation Mount Vernon OH 1,900,405
1113 State Route 254 & State Route 83 Avon OH 1,500,000
Intersection Improvement
1114 Study and Design of ATB 531 Ashtabula OH 2,400,000
1115 The Point Intersection--US 36/SR 37 Delaware OH 4,000,000
1116 Thornwood Crossing Project Newark OH 5,000,000
1117 U.S. Route 30--East Canton East Canton OH 1,500,000
Expansion
1118 US-422 Harper Road Interchange Solon OH 2,414,288
1119 W. Tuscarawas Street Safety Canton OH 1,000,000
Corridor Project
1120 Wadsworth Streetscape Wadsworth OH 2,500,000
1121 Wayne CR-30 Resurfacing project Wooster OH 1,219,962
1122 West Creek Greenway Parma OH 2,720,000
1123 Western Hills Viaduct Replacement Cincinnati OH 15,000,000
Project
1124 Bobcat Way: Transformation of Grandview Heights OH 1,000,000
Fairview Avenue
1125 Broad Street and James Road Columbus OH 1,000,000
Intersection
1126 Cherry Bottom Road Emergency Gahanna OH 860,000
Stabilization
1127 City of Akron--North Main Street Akron OH 4,000,000
Complete Streets Project
1128 Cleveland Hopkins Airport Master Cleveland OH 2,000,000
Plan Interstate Access Improvement
Project
1129 Cuyahoga Falls--Gorge Terrace City of Cuyahoga OH 7,200,000
Street Transformation Project Falls
1130 Eastgate--State Route 46 and Warren- Howland Township OH 4,000,000
Sharon Road Intersection Safety
Improvements
1131 Ferris Road Corridor Columbus OH 2,000,000
1132 Hiawatha Park Drive Urban Greenway Columbus OH 1,000,000
1133 Hudson Street and Greenway Trail Columbus OH 1,000,000
[[Page H3364]]
1134 Jackson Street/ Civic Center Mall Toledo OH 4,000,000
Corridor-Lucas County
1135 Life and Safety Facility Upgrades, Toledo OH 4,000,000
TARTA M&O Facility
1136 Lorain County Lakefront Lorain Ohio OH 4,000,000
Connectivity Project
1137 Mahoning Avenue Industrial Corridor Jackson Township OH 4,000,000
Upgrade
1138 Multimodal Lakefront Access, City of Cleveland OH 2,000,000
Cuyahoga County, Ohio Boundary, including
Bay Village, Rocky
River, and Lakewood
1139 Operation Safewalks - Refugee Road Columbus OH 2,000,000
1140 Reynoldsburg East Main Phase II Reynoldsburg OH 1,585,000
1141 Reynoldsburg Park & Ride Reynoldsburg OH 500,000
1142 Rickenbacker Area Access-- Columbus OH 5,000,000
Northbound Bridge Project
1143 Rickenbacker Area Mobility Center Columbus OH 3,000,000
(RAMC)
1144 Sandusky Bay Pathway Sandusky OH 4,000,000
1145 Bridges on Interstate 35 at Edmond OK 10,000,000
Interchanges between Memorial and
2nd Street
1146 I-35 Widening in Love County Love County OK 17,120,000
1147 I35/I240 Interchange Oklahoma City OK 10,000,000
1148 I-40 and Exit 65 in Clinton Clinton OK 3,250,000
1149 S.E. 29th Street Bridge Replacement Midwest City OK 2,880,000
& Repair Project
1150 SH30 from SH33 N. 2 miles in Roger Durham OK 2,000,000
Mills Co
1151 SH-33 from Blaine County line east Kingfisher OK 3,250,000
to SH-74
1152 US-270 between Watonga and Seiling Watonga OK 3,250,000
1153 US-287 from Boise City north to Boise City OK 3,250,000
Colorado (Ports-to-Plains
Corridor)
1154 181st Safety Improvements Gresham OR 4,000,000
1155 82nd Avenue Safety Projects Portland OR 5,000,000
1156 Albany Transit Operations Facility Albany OR 1,563,978
1157 Beaverton Downtown Loop: Phase 1 Beaverton OR 4,000,000
Improvements
1158 Benton Area Transit Vehicle Corvallis OR 528,000
Replacement
1159 Corvallis Area Pedestrian Crossing Corvallis OR 880,000
Improvements
1160 Georgia Pacific Mill Site Rail- Coos Bay OR 4,500,000
Served Marine Terminal
1161 I-5: Aurora-Donald Interchange Aurora OR 20,000,000
Improvement Project
1162 Libby Lane Repaving Coos Bay OR 486,400
1163 LTD Electric Bus Replacement Eugene OR 1,844,322
1164 Main Avenue/OR 104 Pedestrian Route Warrenton OR 1,360,000
1165 NW Circle Boulevard Reconstruction/ Corvallis OR 2,800,000
Rehabilitation
1166 OR18: Newberg-Dundee Bypass Phase 2 Newberg OR 8,000,000
(OR219 Section)
1167 River Road--Santa Clara Bicycle and Eugene OR 1,500,000
Pedestrian Bridge
1168 Rose Lane / High Crash Corridor - Portland OR 5,000,000
Smart Tech and Safety Improvements
- 122nd
1169 Safety and Smart Technology Portland OR 4,000,000
Investments: Central City,
Broadway
................................... ..................... ..................... 2,000,000
................................... ..................... ..................... 2,000,000
1170 Siuslaw River Bridge Pedestrian and Florence OR 897,300
Bicycle Improvement Project
1171 Territorial Highway Reconstruction Lane County OR 5,000,000
Phase 3
1172 TriMet Zero Emission Bus Portland OR 4,000,000
Infrastructure
1173 Tualatin Valley Highway Safety Cornelius, Hillsboro, OR 4,000,000
Improvements unincorporated
Washington County
1174 Amtran Bus Replacement Altoona PA 900,000
1175 Asset Management Phase 1 Washington/North PA 2,800,000
Branch/Forkston
Townships
1176 Bradford Bypass Bradford PA 5,680,000
1177 Bristol Station Improvements Bristol PA 5,000,000
1178 Cambria County Transit Authority Johnstown PA 6,160,000
(CamTran) Bus Replacements
1179 Crawford Avenue Bridge Connellsville PA 5,682,180
Rehabilitation
1180 East Washington Road (PennDOT ID New Castle PA 3,116,000
91768)
1181 East Washington Street Bridge New Castle PA 1,400,000
(PennDOT ID 100743)
1182 Johnstown Mainstreet Greenway & Johnstown PA 1,500,000
Urban Connectivity Improvements
1183 Laurel Valley Transportation Mt Pleasant and Unity PA 5,000,000
Improvement Project SR 130 to Townships
Arnold Palmer Airport
1184 Lower State Road Grade Crossing Philadelphia PA 1,200,000
Safety Improvements
1185 Marsh Creek Greenway Wellsboro PA 5,000,000
1186 PA Route 26 Jacksonville Road Bellefonte PA 5,000,000
Betterment
1187 PA Turnpike / I-95 Interchange Bensalem PA 5,000,000
Project, Section C
1188 PA Turnpike / I-95 Interchange Bensalem PA 5,000,000
Project, Section D30
1189 Purchase of 8 Microtransit Vans State College PA 416,000
1190 Route 61 Revitalization Schuykill County PA 15,200,000
1191 Sassafras Street Extension Erie PA 4,400,000
Pedestrian Bridge
1192 SR 1001 Farrandsville Road Woodward Township and PA 1,200,000
Improvements Lock Haven
1193 SR 104 over Mahantango Creek Chapman Township PA 1,000,000
1194 SR2027 Speers Bridge Replacement Speers Borough PA 5,672,564
over I-70
1195 SR87 ov Kettle Creek Hillsgrove Township PA 1,040,000
1196 State Route 68 Corridor Butler PA 6,630,000
Improvements
1197 US 422 Bypass Phase 2 Butler, PA 2,454,000
Connoquenessing, and
Franklin Townships
1198 US 6: Reynolds St - Baldwin St Ext Meadville PA 2,000,000
(Route 6 Highway Reconstruction)
1199 US Business Route 322 (State Route State College PA 5,550,000
3014) Atherton Street Section 153
Drainage/Repaving Project
[[Page H3365]]
1200 Warrensville Road Slide Williamsport PA 3,360,000
Rehabilitation
1201 Waynesburg Betterment Waynesburg Borough & PA 8,000,000
Franking Township
1202 69th Street Transportation Center Upper Darby PA 1,600,000
Master Plan
1203 Blakely Borough Main Street Blakely Borough, PA 1,497,417
Corridor Improvement Project Lackwanna County
1204 Bridge Replacement 209 & 33 NB over Hamilton Township PA 2,000,000
Appenzell Creek
1205 Bushkill Creek Bridge Replacements Easton PA 4,000,000
(2) Carrying State Route 33
1206 Carnegie Station Improvement and Carnegie PA 9,699,200
Park and Ride Expansion
1207 Castor Ave Complete Street Philadelphia PA 3,000,000
1208 Cementon Bridge Replacement Whitehall, PA 10,000,000
carrying State Route 329 over the Northampton
Lehigh River
1209 Chestnut Street Pedestrian Safety Philadelphia PA 3,000,000
Islands
1210 Cobbs Creek Parkway Multimodal Philadelphia PA 2,000,000
Safety Improvements: Larchwood
Avenue to 67th St.
................................... ..................... ..................... 1,200,000
................................... ..................... ..................... 800,000
1211 County of Lackawanna Transit System Scranton PA 5,000,000
Transit Facility Renovation
1212 Crestwood Drive Resurfacing Project Wright Township, PA 1,200,000
Luzerne County
1213 Critical Pedestrian Connections - Pittsburgh PA 5,000,000
Public Steps Reconstruction
1214 Cross County Trail - Germantown Plymouth Township PA 4,840,000
Pike Crossing and Extension
1215 Erie Station (Broad Street Line) Philadelphia PA 7,200,000
Accessibility Improvements
................................... ..................... ..................... 3,600,000
................................... ..................... ..................... 3,600,000
1216 Exton Station Intermodal Exton PA 4,800,000
Connectivity
1217 Frankford Creek Greenway: Adams Philadelphia PA 2,000,000
Avenue to Bristol Street
1218 Franklin Square Pedestrian and Philadelphia PA 240,000
Bicycle Improvement--7th and Race
Specific
1219 Hazleton Buses and Bus Hazleton PA 1,500,000
Infrastructure
1220 Hill District Corridor Enhancements Pittsburgh PA 6,000,000
1221 Improvements to Boulevard of the Pittsburgh PA 5,000,000
Allies
1222 Kittanning Pike Flood Control O'Hara Township PA 2,200,000
1223 Lower Demunds Road Resurfacing Dallas Township, PA 1,200,000
Project Luzerne County
1224 Main Street Grade Crossing in Darby Darby Borough PA 1,000,000
Borough
1225 Mantua Neighborhood Traffic Safety Philadelphia PA 4,000,000
Project (34th St.)
1226 Marcus Hook Regional Rail Station Marcus Hook PA 11,250,000
Accessibility Improvements
1227 Market Place District Improvements Moon Township PA 3,100,800
Project
1228 McKees Rocks Bridge McKees Rocks PA 5,000,000
1229 McKeesport--Duquesne Bridge McKeesport PA 4,000,000
Preservation
1230 PA 12 West Resurface- 422 Wyomissing Borough PA 4,000,000
1231 Parkside Avenue - Safe Access to Philadelphia PA 4,000,000
Parks
1232 Penn Center Transit Gateway Philadelphia PA 3,975,000
1233 PHL Airport Bike Lanes Philadelphia PA 3,000,000
1234 Replacement of SR 590 Bridge over Salem Township, Wayne PA 560,000
Branch of Ariel Creek County
1235 Replacement of SR 590 Bridge over Paupack Township, PA 432,000
Inlet to Finn Swamp Wayne County
1236 Roosevelt Boulevard Intersection Philadelphia PA 1,960,000
Improvements
1237 Schuylkill Avenue Bridge Reading PA 4,904,036
1238 Second Street Signal Optimization Philadelphia PA 2,400,000
(Lehigh Ave to Callowhill St)
1239 SEPTA Platform Rehabilitation Philadelphia PA 1,205,000
Project at PHL
1240 Sleepy Hollow Road Bridge Butler Township, PA 1,200,000
Replacement Luzerne County
1241 South Henderson Road Widening Upper Merion PA 5,000,000
1242 SR 29 & SR 113 Intersection Perkiomen Township PA 3,676,512
Improvements
1243 SR 4004--Park Ave, Eagleville Road, Audubon PA 4,745,604
Crawford Road Intersection
Realignment Project
1244 State Route 115 Corridor Chestnuthill PA 4,000,000
Improvements Effort Township, Monroe
County
1245 State Route 590 Paving Project Lackawaxen Township, PA 2,400,000
Pike County
1246 State Route 652 Resurfacing Project Berlin Township, PA 1,008,000
Wayne County
1247 Tilghman Street and State Route 309 South Whitehall PA 4,000,000
Interchange Reconstruction Township
1248 Upper Darby Walnut Street Upper Darby PA 745,000
Multimodal Connectivity Project
1249 US 222 Hard Shoulder Wyomissing Borough PA 5,000,000
1250 PRHTA-01 Lajas to San German Lajas PR 5,000,000
1251 PRHTA-02 Gurabo Gurabo PR 4,800,000
1252 PRHTA-03 Bayamon Bayamon PR 7,884,000
1253 East Main Road - Union Avenue to Portsmouth RI 240,000
Sandy Point Avenue Safe Shared-Use
Path
1254 Hope and Main Street Sidewalks Bristol and Warren RI 8,000,000
[[Page H3366]]
1255 Pawtucket Avenue Veteran's Memorial East Providence RI 5,600,000
Parkway to Waterman Avenue
1256 Post Road and Old Post Road Westerly, Charlestown RI 10,400,000
Improvements
1257 Route 2, Bald Hill Road, and New Warwick/Cranston RI 4,000,000
London Avenue Improvements
1258 RT-114, Wampanoag Trail (East Shore Barrington and East RI 5,920,000
Expressway to Federal Road) Providence
1259 Trestle Trail--West Section Coventry RI 4,400,000
1260 I 26/ 526 Interchange North Charleston SC 20,000,000
1261 SC-126 Belvedere Clearwater Road Clearwater SC 13,069,695
Widening
1262 Corridor Improvement at Old State Calhoun County SC 1,100,000
Road (US 21/176) from Savany Hunt
Creek Road (S-86) to Old Sandy Run
Road (S-31)
1263 Intersection Improvement at Old Gaston SC 1,100,000
State Road (US 21/176) and Savany
Hunt Creek Road (S-86)
1264 Santee Wateree Regional Sumter SC 2,000,000
Transportation #2022
1265 Sumter Manning Avenue Bridge Sumter SC 4,000,000
Multimodal Enhancements
1266 US 21/178 Bypass (Joe S. Jeffords Orangeburg SC 7,800,000
Highway) Corridor Improvement
1267 Walk Bike Columbia Columbia SC 4,000,000
1268 Blount County Greenway Blount County TN 3,420,800
1269 Elvis Presley Boulevard Memphis TN 7,000,000
1270 Knob Creek Road Johnson City TN 2,630,000
1271 Magnolia Avenue Corridor Knoxville TN 10,000,000
1272 MATA Electric Bus Program Memphis TN 7,000,000
1273 Memphis 3.0 (Kimball at Pendleton) Memphis TN 3,000,000
1274 Mississippi Boulevard Signalized Memphis TN 1,141,440
Pedestrian Crossing
1275 Overton Park Cooper Street Entrance Memphis TN 1,739,432
1276 SR-126 Kingsport TN 5,662,000
1277 SR-34 Morristown TN 2,394,000
1278 SR-35 Greenville TN 2,018,000
1279 SR-36 Spurgeon TN 5,445,000
1280 SR-499 EXT Sevierville TN 832,000
1281 SR-93 Horse Creek Kingsport TN 777,000
1282 SR-93 Miscellaneous Safety Fall Branch TN 242,000
Improvements
1283 Third/Fourth Street Corridor Chattanooga TN 2,500,000
Project, Chattanooga, TN
1284 US-127 (SR-28) Fentress County / TN 20,000,000
Cumberland County
1285 54 Scott Street BOOST Corridor Houston TX 20,000,000
project
1286 Austin Bergstrom Spur Urban Trail Austin TX 10,000,000
1287 Austin Ross Road Substandard Street Austin TX 10,000,000
1288 Bear Creek Road Improvement Project Glenn Heights TX 3,329,417
1289 City of South Houston--Concrete South Houston TX 1,264,530
Sidewalks
1290 Clay Road Bridge Reconstruction Houston TX 9,929,577
Project
1291 Dallas East Grand Avenue (SH-78) Dallas TX 1,300,000
Corridor Study & Infrastructure
Improvements
1292 Dallas Vision Zero Implementation Dallas TX 10,000,000
1293 DART LED Light Replacement Project Dallas TX 2,080,000
1294 DART Mobile Data Terminals System Dallas TX 1,760,000
Upgrade Project
1295 East Dallas Bus and Maintenance Dallas TX 891,992
Facility Renovation Project
1296 FM 3349/US 79 Railroad Grade Hutto & Taylor TX 10,000,000
Separation Project
1297 FM 60 from 2 miles east of SH 36 to Caldwell TX 4,000,000
.8 miles west of FM 2039
1298 Foley Street & Navigation Houston TX 10,000,000
Realignment & Infrastructure Re-
Use Construction Phase
1299 Fondren Road Reconstruction with Houston TX 11,000,000
Transit and Pedestrian
Enhancements
1300 Greater Downtown Dallas Master Plan Dallas TX 1,600,000
1301 Grove Street Intermodal Campus Fort Wort TX 3,250,000
Rehabilitation
1302 High Line Project Pharr TX 940,160
1303 IBTC Donna and Alamo TX 3,500,000
1304 IH 45 from 1.5 miles south of S 84 Fairfield TX 1,000,000
to US 84
1305 IH 69E Lyford and Sebastian TX 3,500,000
1306 Intersection at SH 191 and Yukon Midland TX 6,520,000
Rd.
1307 John Hayes Extension El Paso TX 12,000,000
1308 Meadowglen West Complete Street Houston TX 4,000,000
Project
1309 Memorial Park Connector South Houston TX 4,000,000
1310 Missouri City/BW 8 Transit Facility Missouri City TX 5,000,000
1311 New Construction Overpass at Loop Odessa TX 2,000,000
338 and South US 385
1312 Pharr International Bridge Dock Pharr TX 2,863,918
Expansion 1
1313 Pharr International Bridge- Pharr TX 3,880,000
Commercial Vehicle Staging Area
1314 Phase 3A--SL 88 from Memphis to CR Lubbock TX 11,820,000
2240 (Ave. U) (TxDOT Project Id:
1502-01-029)
1315 Phase 3B--SL 88 from SL 88 from Lubbock TX 8,180,000
Chicago Avenue to Memphis Avenue
(TxDOT Project Id: 1502-01-030)
1316 Reconstruction of US385 in Odessa Odessa TX 1,000,000
1317 Re-establish Northwest Drive Direct Mesquite TX 10,000,000
Access to IH 635
1318 RM 2243 Resiliency Project Leander TX 10,000,000
1319 Safe Access to Transit Improvements Houston TX 1,200,000
1320 SH 550 Brownsville TX 3,791,529
1321 SH 6 from BS 6-R to SH 40 College Station TX 4,000,000
[[Page H3367]]
1322 South Parallel Corridor Phase III San Benito TX 6,500,000
1323 South Park and Ride Project/ McAllen TX 4,700,000
Electric Bus Project Expansion
1324 Speegleville Road: Bridge at Middle Waco TX 8,379,000
Bosque River
1325 Stanton Street Bridge ``Good El Paso TX 7,200,000
Neighbor International Bridge''
Intelligent Transportation System
1326 The I-35 Innovative Corridor Dallas TX 7,500,000
Project
1327 Traffic Signal Improvements Loop Odessa TX 2,480,000
338 at W Yukon Rd
1328 Trinity Lakes Station--Fort Worth Fort Worth TX 11,962,800
Transportation Authority
1329 TX SH 36 Expansion Fort Bend County TX 20,000,000
1330 Vallecillo Road Project Laredo TX 14,000,000
1331 Westheimer BOOST Houston TX 16,000,000
1332 Widen US-77 Victoria TX 20,000,000
1333 Widening of US-83 South of Zapata Zapata TX 5,780,148
Townsite Project
1334 Zarzamora/Frio City Road RR San Antonio TX 15,600,000
Overpass
1335 1300 East/Richmond Street Salt Lake City UT 2,000,000
Reconstruction
1336 1500 West and 1300 North Roundabout Clinton City UT 1,200,000
1337 4700 South Project WVC West Valley City UT 3,000,000
1338 700 West Project South Salt Lake City UT 3,000,000
1339 BRT from Kimball Junction to Park Park City UT 6,500,000
City (S.R. 224)
1340 Colorado River Pathway Phase IV Moab/Grand County UT 1,000,000
1341 Fort Street Reconstruct Draper UT 915,294
1342 Frontage Road Bypass Herriman UT 4,800,000
1343 FrontRunner Forward Provo to Ogden UT 3,300,000
1344 Legacy Highway Frontage Road Centerville UT 1,500,000
Project
1345 Midvalley Connector Murray, West Valley, UT 5,500,000
Salt Lake City
1346 Neffs Canyon Trailhead Redesign Salt Lake City UT 800,000
................................... ..................... ..................... 400,000
................................... ..................... ..................... 400,000
1347 North Sugar Factory Road Gunnison UT 1,727,200
1348 Ogden 25th Street Rebuild Project Ogden UT 5,500,000
1349 Ogden Canyon Shared Use Pathway Ogden UT 4,000,000
Project
1350 Park City Arts and Culture District Park City UT 1,200,000
Roadway and Connectivity Project
1351 Provo Intermodal Center Pedestrian Provo UT 1,000,000
Bridge Project
1352 Safe Route to School Sidewalk Salt Lake County UT 73,345
Project
1353 Sharp/Tintic Railroad Connection Springville and UT 1,700,000
Spanish Fork
1354 SR-7 Exit 5 Interchange, Southern St. George UT 5,000,000
Hills Bridge and Roadway
1355 Young Street Bridge and Connector Morgan City UT 1,547,401
Road Project
1356 Arlington Ridge Road Bridge Arlington/Alexandria VA 9,000,000
1357 Berkley Avenue Bridge Norfolk VA 5,000,000
1358 Chesapeake All-Electric Mobile Chesapeake VA 1,600,000
Command Vehicle Demonstration
Project
1359 Coalfields Expressway--RTE 121 West Grundy VA 4,097,500
Virginia State Line to Grundy, VA
1360 Commerce Road Improvements Project Richmond VA 1,600,000
1361 Craney Island Access Road Portsmouth VA 3,111,500
1362 Electric Emergency Response Chesapeake VA 1,600,000
Vehicles
1363 Fall Line Trail - Downtown Core Richmond VA 1,500,000
Enhancements
1364 HRT Bus Replacement Virginia Beach VA 2,377,000
1365 I-64 at Oilville Road (Rte. 617) Goochland County VA 3,436,000
Interchange
1366 I-66 Transportation Alternatives Fairfax VA 4,000,000
1367 I-81 Northbound Truck Climbing Marion VA 11,160,000
Lane--Mile Marker 39.5
1368 Intersection Safety Improvements at Troy VA 5,082,700
the Intersection of Route 15 and
Route 250
1369 Intersection Safety Improvements at Louisa VA 2,050,000
the Intersection of Route 22 and
Route 780
1370 Interstate 95 and Willis Road Chesterfield VA 3,200,000
Interchange Improvements Project
1371 Jahnke Road: Blakemore Road to Richmond VA 1,600,000
Forest Hill Avenue
1372 Long Bridge Arlington VA 4,000,000
1373 Mathis Corridor Revitalization Manassas VA 7,000,000
Project
1374 Multimodal Transportation Falls Church VA 2,000,000
Infrastructure Improvements
1375 Nimmo Parkway Phase VII-B Virginia Beach VA 5,000,000
1376 Old Bridge Road at Gordon Boulevard Woodbridge VA 4,000,000
Interchange/Intersection
Improvements
1377 Parallel Chesapeake Tunnel Project Northampton County VA 3,111,500
1378 Peninsula Transit Signal Priority Newport News and VA 9,702,071
Improvements Hampton
1379 Red Lane Road/Rt. 60 Continuous Powhatan VA 3,145,663
Green T
1380 Richmond Highway Bus Rapid Transit Fairfax County VA 5,000,000
1381 Roundabout at the intersection of Prince George County VA 3,540,806
Middle Road (Rt. 646) and
Jefferson Park Road (Rt. 630)
1382 Route 31 Bicycle Accommodations Surry VA 6,379,000
Project
1383 Route 7/Route 690 Interchange Purcellville VA 10,000,000
1384 Rt. 208 (Courthouse Road) and Hood Fredericksburg VA 1,151,000
Drive Intersection Improvement
(UPC 110987)
1385 Silver Line Support Transportation Fairfax VA 10,500,000
Alternatives
1386 The Birthplace of America Trail Newport News VA 3,160,000
1387 Tidewater Drive Reconstruction Norfolk VA 6,400,000
1388 Transit Enhancement and Expansion Chesterfield VA 4,688,800
1389 St. Croix/St. Thomas Ferry Christiansted VI 15,000,000
[[Page H3368]]
1390 Barre City-Barre Town VT Route 14 / Barre VT 4,750,000
Quarry Street and Quarry Hill Road
Intersection Reconstruction
1391 Essex Junction Crescent Connector Essex VT 5,400,000
1392 Railyard Enterprise Project (Design Burlington VT 2,250,000
& Permitting Phase)
1393 Town of Hartford (Quechee) U.S 4 Hartford VT 7,600,000
Bridge Rehabilitation
1394 Bigelow Gulch and Sullivan Road Spokane Valley WA 2,650,000
Corridor
1395 City of Waitsburg Highway 12 Waitsburg WA 350,000
Preston Bridge Replacement
1396 Columbia Heights Road Longview WA 5,500,000
Reconstruction
1397 Ferry County Kettle River Road Curlew WA 1,797,000
Rehabilitation
1398 I-5/SR 503 Interchange Area Woodland WA 11,760,000
Improvements
1399 Industrial Rail Corridor Expansion Longview WA 2,740,000
(IRCE)
1400 Palouse River Bridge Replacement Colfax WA 6,000,000
1401 Spokane Airport Spotted Road Spokane WA 6,749,000
Project
1402 SR 410/Rock Creek Vic--Chronic Naches WA 3,562,000
Environmental Deficiency
1403 SW Mojonnier Road Reconstruction College Place WA 2,453,574
1404 US 12 Naches Vic to Yakima Vic-- Naches WA 1,452,000
Intersection Safety Improvements
1405 US 97/Jones Rd--Intersection Wapato WA 4,464,000
Improvements
1406 US Highway 12 Phase 8 Final Design Touchet WA 5,965,931
and Right of Way Acquisition
1407 Yakima County, East-West Corridor Yakima WA 4,000,000
Phase II Project.
1408 169th Street Connecting Segment Arlington WA 3,900,000
1409 20th Street NE / Main Street Lake Stevens WA 2,000,000
Improvements
1410 42nd Ave S Bridge Replacement Tukwila WA 1,270,000
Project
1411 Aberdeen US 12 Highway-Rail Aberdeen WA 2,080,000
Separation Project
1412 Access and Circulation Roads for Town of Darrington WA 1,291,869
the Darrington Wood Innovation
Center
1413 Bellevue Transit Center Safety and Bellevue WA 1,000,000
Connectivity Project
1414 City of Carnation Larson / 40th Carnation WA 2,400,000
Street Bypass Project
1415 City of Kenmore Fish Passable Kenmore WA 1,224,000
Culvert Replacements
1416 College Street Corridor Lacey WA 6,000,000
Improvements Phase III
1417 Columbia River Pedestrian Bridge Wenatchee WA 8,600,000
Extension, Apple Capital Loop
Trail
1418 E. 64th Street Phase II Tacoma WA 5,600,000
1419 East Marginal Way Corridor Seattle WA 2,340,000
Improvements - Phase 1
1420 Eastrail Wilburton Critical Bellevue WA 1,680,000
Crossing
1421 Georgetown to South Park Connection Seattle WA 1,800,000
1422 Gorst Area Resiliency and Bremerton WA 8,000,000
Redundancy Alternatives Study
1423 Guemes Island Ferry Replacement Anacortes WA 8,000,000
Project
1424 I-5/Lake Washington Ship Canal Seattle WA 5,000,000
Bridge
1425 Lea Hill Corridor 112th Ave SE & Aubrun WA 4,446,200
105th Pl SE Intersection
Improvements
1426 Links to Opportunity Streetscape Tacoma WA 2,000,000
Project
1427 Lyon Creek Culvert Replacement Lake Forest Park WA 3,100,000
Project
1428 Meeker Complete Street/Safe Routes Kent WA 2,500,000
to School Project
1429 MLK Jr. Way S Safety and Seattle WA 750,000
Accessibility Improvements Project
1430 NE 124th St / 124th Ave NE Kirkland WA 2,000,000
Pedestrian Bridge (Totem Lake Non-
Motorized Bridge)
1431 Orting HWY 162 Pedestrian Bridge Oting WA 6,000,000
1432 Puyallup Avenue Transit/Complete Tacoma WA 2,000,000
Street Improvements
1433 Rainier Avenue South Corridor Renton WA 2,000,000
Improvements--Phase 4A
1434 Redmond Central Connector Phase III Redmond WA 3,000,000
1435 Roundabout on US-2 and Main Street Sultan WA 900,000
1436 Safe Routes to School Improvements: Tacoma WA 1,000,000
Whitman Elementary and Edison
Elementary Schools
1437 Sheffield Trail Improvement Project Fife WA 2,750,000
1438 South Campus Interim Base Tukwila WA 3,000,000
Electrification
1439 South Tacoma Way, 88th Street S to Lakewood WA 2,400,000
80th Street Court SW.
1440 South Whidbey--Clinton Area Clinton WA 1,500,000
Transportation Infrastructure
Improvements
1441 SR 99/NB Duwamish River Bridge-- Seattle WA 2,000,000
Grid Deck Replacement
1442 SR522 Corridor Improvement Maltby WA 4,000,000
1443 Town to Zylstra Lake Multi-Modal Friday Harbor WA 5,280,000
Trail
1444 Tukwila International Boulevard Bus Tukwila WA 2,000,000
Rapid Transit Station
1445 US 12/Heron St Bridge Tier 1-- Aberdeen WA 2,038,166
Bridge Rehabilitation
1446 US-2 WB Trestle Lake Stevens, Everett WA 1,680,000
................................... ..................... ..................... 840,000
................................... ..................... ..................... 840,000
1447 Washington State Ferries Seattle Seattle WA 4,200,000
Ferry Terminal Shoreside
Electrification
1448 West Seattle and Ballard Link Seattle WA 5,360,000
Extensions (WSBLE)
1449 X Street Roundabout Tumwater WA 3,250,000
1450 Atwood Ave. (Fair Oaks Ave. to Madison WI 6,275,000
Cottage Grove Rd.)
1451 BeerLine Bike and Pedestrian Trail Milwaukee WI 1,200,000
1452 CTH CC from Ash Street to CTH D Oregon WI 2,000,000
1453 CTH CV from Government Road to USH Madison WI 2,000,000
51
[[Page H3369]]
1454 CTH M/Century Avenue Bridge (B-13- Middleton WI 2,000,000
0046) over Pheasant Branch
Replacement Including Approaches
and Branch Street Intersection
1455 CTH P from CTH PD to CTH S Klevenville WI 2,000,000
1456 I-94 Screening Wall at Woods Milwaukee WI 2,000,000
National Cemetery
1457 Milwaukee Country Transit Bus Wauwatosa WI 4,000,000
Purchase
1458 Milwaukee County Transit Security Wauwatosa WI 2,000,000
Initiative
1459 Reconstruction of Silver Spring Glendale WI 4,500,000
Drive
1460 Reedsburg - Baraboo, Preston Avenue Reedsburg WI 125,000
to STH 23 Const./Mill & Overlay,
State 3R
1461 Reedsburg - Wisconsin Dells STH 136 Reedsburg WI 1,600,000
Intersection Const./Intersection
Improvement/RAB Safety
1462 South Kinnickinnic Avenue St. Francis WI 700,000
Resurfacing Project
1463 US 14 (Wisconsin River to Oak Arena WI 2,000,000
Street) between Spring Green &
Madison
1464 Vliet Street Resurfacing Project Milwaukee WI 4,200,000
1465 Hal Greer Boulevard Corridor Huntington WV 6,400,000
Upgrade
1466 Michael Angiulli Memorial Bridge North View WV 2,080,000
1467 New Cumberland--WV 2 New Cumberland WV 3,200,000
1468 Princeton Overhead Bridge Princeton WV 3,600,000
1469 Rock Creek Interchange--New Access Rock Creek WV 10,000,000
Road
1470 Route 93 Scherr Overpass Scherr WV 3,120,000
1471 Van Voorhis Road Morgantown WV 6,800,000
1472 WVU PRT Passenger Stations Morgantown WV 4,800,000
Rehabilitation Project
1473 Excelsior Springs Safe Streets and Excelsior Springs MO 9,444,706
Sidewalks
1474 Fox River Regional Trail: Hoover Yorkville IL 240,000
Forest Preserve-Fox River Bluffs
Connecting Trail Segment
1475 City of Red Wing Levee Road Red Wing MN 3,124,521
Realignment Project
----------------------------------------------------------------------------------------------------------------
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, 2022.
(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, 2022.
(c) Exception for Immediate Application.--Subsections (a)
and (b) shall not apply to the following sections and any
amendments made by such sections:
(1) Section 1105.
(2) Section 1107.
(3) Section 1305.
(4) Subsections (c)(1) and (d) of section 2104.
(5) Section 2106.
(6) Section 2112.
(7) Section 2204(1)(A).
(8) Section 2305.
(9) Section 2307.
(10) Section 2902(2).
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 clean corridors program
under section 151 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) $56,522,048,429 for fiscal year 2023;
(B) $57,480,646,776 for fiscal year 2024;
(C) $58,595,359,712 for fiscal year 2025; and
(D) $59,618,666,186 for fiscal year 2026.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6
of title 23, United States Code, $250,000,000 for each of
fiscal years 2023 through 2026.
(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 2023
through 2026.
(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 2023
through 2026.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands transportation
program under section 203 of title 23, United States Code,
$555,000,000 for each of fiscal years 2023 through 2026.
(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 2023 through 2026;
(II) the amount for the United States Fish and Wildlife
Service is $50,000,000 for each of fiscal years 2023 through
2026;
(III) the amount for the United States Forest Service is
$50,000,000 for each of fiscal years 2023 through 2026;
(IV) the amount for the Corps of Engineers is $16,000,000
for each of fiscal years 2023 through 2026;
(V) the amount for the Bureau of Land Management is
$16,000,000 for each of fiscal years 2023 through 2026;
(VI) the amount for the Bureau of Reclamation is
$16,000,000 for each of fiscal years 2023 through 2026; and
(VII) the amount for independent Federal agencies with
natural resource and land management responsibilities is
$7,000,000 for each of fiscal years 2023 through 2026.
(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 2023 through
2026.
(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 2023 through 2026.
(5) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165
of title 23, United States Code, the amounts specified in
paragraphs (1) and (2) of section 165(a) for each of fiscal
years 2023 through 2026.
(6) Projects of national and regional significance.--For
projects of national and regional significance under section
117 of title 23, United States Code, $3,000,000,000 for each
of fiscal years 2023 through 2026.
(7) Community transportation investment grants.--To carry
out section 173 of title 23, United States Code, $600,000,000
for each of fiscal years 2023 through 2026.
(8) Community climate innovation grants.--To carry out
section 172 of title 23, United States Code, $250,000,000 for
each of fiscal years 2023 through 2026.
(9) National scenic byways program.--To carry out section
162 of title 23, United States Code, $16,000,000 for each of
fiscal year 2023 through 2026.
(10) Rebuild rural bridges program.-- To carry out section
1307 of this Act, $250,000,000 for each of fiscal years 2023
through 2026.
(11) Parking for commercial motor vehicles.--To carry out
section 1308 of this Act, $250,000,000 for each of fiscal
years 2023 through 2026.
(12) Active connected transportation grant program.--To
carry out section 1309 of this Act, $250,000,000 for each of
fiscal years 2023 through 2026.
(13) Wildlife crossings program.--To carry out section 1310
of this Act, $100,000,000 for each of fiscal years 2023
through 2026.
(14) Reconnecting neighborhoods program.--To carry out
section 1311 of this Act, $750,000,000 for each of fiscal
years 2023 through 2026.
(15) Metro performance program.--To carry out section 1305
of this Act, $250,000,000 for each of fiscal years 2023
through 2026.
(16) Gridlock reduction grant program.--To carry out
section 1306 of this Act, $500,000,000 for fiscal year 2023.
(b) Treatment of Funds.--Amounts made available under
paragraphs (10) through (14) of
[[Page H3370]]
subsection (a) 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.
(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.
(9) Sense of congress on fulfilling certain contracts.--It
is the sense of Congress that contractors participating in a
federally funded transportation contract with a small
business concern owned and controlled by socially and
economically disadvantaged individuals should ensure that the
percentage of a contract promised to such small business
concern is fulfilled, unless prior approval is obtained
consistent with the regulations under part 26 of title 49,
Code of Federal Regulations.
(d) Limitation on Financial Assistance for State-Owned
Enterprises.--
(1) In general.--Funds provided under this section may not
be used in awarding or exercising an option on a previously
awarded contract, 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) $66,097,092,526 for fiscal year 2023;
(2) $66,570,608,070 for fiscal year 2024;
(3) $67,701,550,431 for fiscal year 2025; and
(4) $68,741,903,518 for fiscal year 2026.
(b) Exceptions.--The limitations under subsection (a) shall
not apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (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 2022, 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 2023 through 2026, 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 2023 through 2026, only in an amount
equal to $89,000,000 for each of those fiscal years).
[[Page H3371]]
(c) Distribution of Obligation Authority.--Subject to
paragraph (1)(B), for each of fiscal years 2023 through 2026,
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 2026, 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
(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
2023 through 2026--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
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 2023 through 2026, 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), (4), (5), (7), (9), (11), (12), (13), (14),
(15), (17), (18), (19), (20), (21), (22), (24), (25), (26),
(27), (29), (30), (33), (34), (35), (36), (37), (38), (39),
(43), (44), (45), (46), and (47), 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 before paragraph (4), as so redesignated,
the following:
``(3) Areas of persistent poverty.--The term `areas of
persistent poverty' means--
``(A) 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;
``(B) 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
``(C) 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 decennial censuses, or equivalent data,
of the Bureau of the Census.''.
(D) by inserting after paragraph (5), as so redesignated,
the following:
``(6) 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.'';
(E) in paragraph (7)(A), as so redesignated, by inserting
``assessing resilience,'' after ``surveying,'';
(F) by inserting after paragraph (7), as so redesignated,
the following:
``(8) 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.'';
(G) by inserting after paragraph (9), as so redesignated,
the following:
``(10) 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).'';
(H) by inserting after paragraph (15), as so redesignated,
the following:
``(16) 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)).'';
(I) by inserting after paragraph (22), as so redesignated,
the following:
``(23) 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.'';
(J) by inserting after paragraph (27), as so redesignated,
the following:
[[Page H3372]]
``(28) Protective feature.--
``(A) In general.--The term `protective feature' means an
improvement to a highway, bridge, or other transportation
facility designed to increase resilience or mitigate the risk
of recurring damage or the cost of future repairs from
climate change effects (including sea level rise), flooding,
and extreme events or other natural disasters (including
wildfires, seismic activity, and landslides).
``(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;
``(x) the use of natural infrastructure;
``(xi) integration of the use of traditional and natural
infrastructure features;
``(xii) undergrounding public utilities in the course of
other infrastructure improvements eligible under this title;
and
``(xiii) permeable pavements for stormwater management.'';
(K) by inserting after paragraph (30), as so redesignated,
the following:
``(31) 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.).
``(32) 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.''; and
(L) by inserting after paragraph (39), as so redesignated,
the following:
``(40) 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.
``(41) Transportation demand management strategies.--The
term `transportation demand management strategies' means the
use of planning, programs, policy, marketing, communications,
incentives, pricing, data, and technology to shift travel
mode, routes used, departure times, number of trips, and
location and design work space or public attractions.
``(42) 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
(2) in subsection (b)--
(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) $530,000,000 for fiscal year 2023;
``(B) $543,000,000 for fiscal year 2024;
``(C) $557,000,000 for fiscal year 2025; and
``(D) $572,000,000 for fiscal year 2026.'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Division Among Programs of State's Share of Base
Apportionment.--The Secretary shall distribute the amount of
the base apportionment 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), (7), and (10).
``(2) Surface transportation program.--For the surface
transportation program, 28.43 percent of the amount remaining
after distributing amounts under paragraphs (4), (6), (7),
and (10).
``(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), (7), and (10).
``(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 2023;
``(ii) $2,964,919,535 for fiscal year 2024;
``(iii) $3,024,217,926 for fiscal year 2025; and
``(iv) $3,078,653,849 for fiscal year 2026.
``(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), (7),
and (10).
``(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 2023;
``(ii) $516,381,250 for fiscal year 2024;
``(iii) $526,708,875 for fiscal year 2025; and
``(iv) $536,189,635 for fiscal year 2026.
``(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 2023 through 2026.
``(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), (7),
and (10).
``(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), (7), and (10).
``(10) Clean corridors.--
``(A) In general.--For the clean corridors program, an
amount determined for the State under subparagraphs (B) and
(C).
``(B) Total amount.--The total amount for the clean
corridors program for all States shall be $1,000,000,000 for
each of fiscal years 2023 through 2026.
``(C) State share.--For each fiscal year, the Secretary
shall distribute among the States the total amount for the
clean corridors program under subparagraph (B) so that each
State receives the amount equal to the proportion that--
``(i) the total base apportionment determined for the State
under subsection (c); bears to
``(ii) the total base apportionments for all States under
subsection (c).
``(c) Calculation of Amounts.--
``(1) State share.--For each of fiscal years 2023 through
2026, the amount for each State shall be determined as
follows:
``(A) Initial amounts.--The initial amounts for each State
shall be determined by multiplying--
[[Page H3373]]
``(i) each of--
``(I) the base apportionment; and
``(II) supplemental funds reserved under subsection (h)(1)
for the highway safety improvement program; 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
2023 through 2026, 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) Supplemental Funds.--
``(1) Amount.--Before making an apportionment for a fiscal
year under subsection (c), the Secretary shall reserve for
the highway safety improvement program under section 148
$500,000,000 for each of fiscal years 2023 through 2026 for
the purpose of the safe streets set-aside under section
148(m).
``(2) Treatment of funds.--Funds reserved under paragraph
(1) and apportioned to a State under subsection (c) shall be
treated as if apportioned under subsection (b)(3), and shall
be in addition to amounts apportioned under such subsection.
``(i) Definitions.--In this section:
``(1) Base apportionment.--The term `base apportionment'
means--
``(A) the combined amount authorized for the covered
programs; minus
``(B) the supplemental funds reserved under subsection (h)
for the highway safety improvement program.
``(2) Covered programs.--The term `covered programs'
means--
``(A) the national highway performance program under
section 119;
``(B) the surface transportation program under section 133;
``(C) the highway safety improvement program under section
148;
``(D) the congestion mitigation and air quality improvement
program under section 149;
``(E) the national highway freight program under section
167;
``(F) metropolitan planning under section 134;
``(G) the railway crossings program under section 130;
``(H) the predisaster mitigation program under section 124;
``(I) the carbon pollution reduction program under section
171; and
``(J) the clean corridors program under section 151.''.
(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
Service, the United States Fish and Wildlife Service, the
United States Forest Service, the Corps of Engineers, the
Bureau of Land Management, the Bureau of Reclamation, and
independent Federal agencies with natural resource and land
management responsibilities;
``(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 2023 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 200,001
individuals; or
``(IV) greater than 200,000 individuals;
``(vi) whether such project is located in an area of
persistent poverty;
``(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;
[[Page H3374]]
``(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) In general.--If a State allows a subrecipient to
exchange Federal funds provided under this title that are
allocated to such subrecipient for State or local funds, the
State must certify to the Secretary that the State--
``(i) has prevailing wage requirements that are comparable
to the requirements under section 113 that apply to the use
of such State or local funds; and
``(ii) shall ensure that the prevailing wage requirements
described in clause (i) apply to the use of such State or
local funds.
``(B) Applicability.--The requirements of this paragraph
shall apply only if the requirements of section 113 would be
applicable to a covered project if such project was carried
out using Federal funds.
``(C) Covered project defined.--In this paragraph, the term
`covered project' means a project carried out with exchanged
State or local funds as described in subparagraph (A).'';
(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--
``(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.--Not later than 3 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 a description of the proposed
experiment to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
``(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.
[[Page H3375]]
``(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) Federal lands and tribal major projects grants under
section 208.
``(C) Mobility through advanced technologies grants under
section 503(c)(4).
``(D) Rebuild rural bridges program under section 1307 of
the INVEST in America Act.
``(E) Parking for commercial motor vehicle grants under
section 1308 of the INVEST in America Act.
``(F) Active connected transportation grants under section
1309 of the INVEST in America Act.
``(G) Wildlife crossings grants under section 1310 of the
INVEST in America Act.
``(H) Reconnecting neighborhoods capital construction
grants under section 1311(d) of the INVEST in America Act.''.
(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.
(d) Improving Risk Based Stewardship and Oversight.--Not
later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Highway Administration shall
reference U.S. DOT Office of Inspector General Report No.
ST2020035 and take the following actions, as necessary, to
improve the risk based stewardship and oversight of the
Federal Highway Administration:
(1) Update and implement Federal Highway Administration
guidance for risk-based project involvement to clarify the
requirements for its project risk-assessment process,
including expectations for conducting and documenting the
risk assessment and criteria to guide the reevaluation of
project risks.
(2) Identify and notify division offices of the Federal
Highway Administration about sources of information that can
inform the project risk-assessment process.
(3) Update and implement Federal Highway Administration
guidance for risk-based project involvement to clarify how
the link between elevated risks and associated oversight
activities, changes to oversight actions, and the results of
its risk-based involvement should be documented in project
oversight plans.
(4) Develop and implement a process to routinely monitor
the implementation and evaluate the effectiveness of Federal
Highway Administration risk-based project involvement.
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.--
``(i) In general.--A local jurisdiction may select the most
appropriate design publication for the roadway context 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) the local jurisdiction provides notification and
justification of the use of such design publication to any
State in which the project is located; and
``(II) the design complies with all other applicable
Federal and State laws.
``(ii) Review.--If a State rejects a local jurisdiction's
selection of a design publication under this subparagraph,
the local jurisdiction may submit notification and
justification of such use to the Secretary. The Secretary
shall make a determination to approve or deny such submission
not later than 90 days after receiving such submission.
``(B) State-owned roads.--In the case of a roadway under
the ownership of the State, the local jurisdiction may select
the most appropriate design publication only with the
concurrence of the State.
``(C) Programmatic basis.--The Secretary may consider the
use of a design publication 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 consult with State and local officials prior to
approving any roadway design publications under this section
to ensure that the design publications 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) Contents.--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 implement 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 facility design; and
``(v) establish model policies or procedures, consistent
with the findings of such guidance, for a State or other
project sponsor to evaluate the context of a proposed
facility and select the appropriate facility design for the
context.
``(C) Topics of emphasis.--In addition to the contents in
subparagraph (B), the guidance 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. 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 (ix);
(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--
``(I) greenhouse gas emissions through sequestration or
innovative manufacturing processes; or
[[Page H3376]]
``(II) local air pollution, stormwater runoff, or noise
pollution;
``(vii) innovative culvert materials that are made with
recycled content and demonstrate reductions in greenhouse gas
emissions;
``(viii) contractual provisions that provide safety
contingency funds to incorporate safety enhancements to work
zones prior to or during roadway construction and maintenance
activities; or''.
(b) Environmental justice communities.--Section 120(c) of
title 23, United States Code, is amended by adding at the end
the following:
``(4) Environmental Justice Communities.--The Federal share
payable on account of a project, program, or activity carried
out with funds apportioned under section 104(b)(5) may be
increased by up to 10 percent, up to 100 percent of the total
project cost of any such project, program, or activity that
the Secretary determines benefits an environmental justice
community through reducing adverse environmental exposures
that may disproportionately impact such communities.''.
(c) 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), 148(m), 149, 151(f),
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 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
[[Page H3377]]
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.''; and
(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.--
``(A) In general.--All toll facilities on Federal-aid
highways shall provide for the regional interoperability of
electronic toll collection, including through technologies or
business practices.
``(B) Prohibition on restriction.--No State, or any
political subdivision thereof, shall restrict the information
that is shared across public and private toll facility
operators or their agents or contractors for purposes of
facilitating, operating, or maintaining electronic toll
collection programs.
``(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'';
(B) in paragraph (5)(B) by striking ``2019'' and inserting
``2025''; and
(C) by adding at the end the following:
``(6) Emergency vehicles.--The public authority may allow
the following vehicles to use the HOV facility if the
authority establishes requirements for clearly identifying
the vehicles:
``(A) An emergency vehicle that is responding to an
existing emergency.
``(B) A blood transport vehicle that is transporting blood
between collection points and hospitals or storage
centers.''.
(2) in subsection (d)(2)(A)(i) by striking ``45 miles per
hour, in the case of a HOV facility with a speed limit 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'';
(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'';
(5) in subsection (g) by inserting ``or within the scope of
the applicable finding, determination, or environmental
review decision made pursuant to authority granted by the
Secretary under section 330, if applicable,'' before
``regardless of the''; and
(6) 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.
[[Page H3378]]
``(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).
``(4) Consideration.--In conducting the review under
paragraph (1), the Secretary shall consider the study on
supply chains carried out under section 1112(c) of the INVEST
in America Act.
``(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.
``(k) Construction Materials Defined.--In this section, the
term `construction materials' means primary materials, except
for iron and steel, that are commonly used in highway
construction, as determined by the Secretary.''.
(b) Construction Materials.--
(1) Establishment of requirements.--
(A) In general.--The Secretary shall issue such regulations
as are necessary to implement the amendment made by
subsection (a)(1)(D). Such regulations shall ensure the
continued availability of construction materials to carry out
projects under title 23, United States Code.
(B) Considerations.--The regulations issued pursuant to
subparagraph (A) shall--
(i) ensure the continued availability of construction
materials to carry out projects under title 23, United States
Code;
(ii) include authority for the Secretary to waive the
applicability of the requirement under section 313(a) of
title 23, United States Code, to procure domestic
construction materials if the study conducted under
subsection (c)(1) determines that the domestic supply of
construction materials is insufficient to meet the demand for
activities covered under section 313 of title 23, United
States Code; and
(iii) provide for efficient and timely--
(I) project delivery for project sponsors; and
(II) administration for the Secretary.
(C) Final Rule.--The regulations issued pursuant to
subparagraph (A) shall not be finalized until the study under
subsection (c) has been completed and considered by the
Secretary in the rulemaking process under such subparagraph.
(2) Considerations.--The requirements of this section, and
the amendments made by this section--
(A) shall seek to maximize jobs located in the United
States;
(B) may establish domestic content requirements that are
less than 100 percent and that increase over time, based on
the current and expected future domestic availability of
construction materials; and
(C) shall take into consideration the study conducted under
subsection (c), including any potential--
(i) disruption in the supply of construction materials to
any State or isolated geographic region; and
(ii) impacts on the price of covered items.
(3) Applicability.--The amendment made by subsection
(a)(1)(D) shall take effect beginning on the date that the
Secretary establishes the regulations described under
paragraph (1).
(c) Study on Supply Chains.--
(1) In general.--The Secretary shall conduct study on
covered items that are commonly used or acquired under title
23, United States Code, including--
(A) construction materials;
(B) manufactured products;
(C) vehicles; and
(D) alternative fuel infrastructure and electric vehicle
supply equipment.
(2) Considerations.--The study under paragraph (1) shall
consider--
(A) the current domestic availability of covered items of
sufficient and reasonably available quantity and of a
satisfactory quality (including any specific impacts in a
State or isolated geographic region, as applicable)
neccessary to meet the demand for activities covered under
section 313 of title 23, United State Code;
(B) the current supply chain for covered items; including
the impacts of extracting, refining, manufacturing, and
transporting domestically available covered items;
(C) anticipated impacts to the environment, public health,
and safety from transportation of domestically available
covered items;
(D) the esimated demand, in relation to total domestic
demand from all sources, for covered items from--
(i) procurement under the Federal-aid highway program;
(ii) procurement under other programs administered by the
Secretary of Transportation; and
(iii) other Federal procurement; and
(E) the delivery cost differential of domestic covered
items, as compared to non-domestic alternatives, including
any specific impacts in a State or isolated geographic
region, as applicable.
(3) Inspector general review.--Not later than 120 days
after the Secretary completes the study in paragraph (1), the
Inspector General of the Department of Transportation shall--
(A) review the extent to which the study under paragraph
(1) addresses the considerations under paragraph (2); and
(B) submit to the Committee on Transporation and
Infrastructure of the House of Representatives and Committee
on Environment and Public Works of the Senate a report on the
findings of the review under subparagraph (A).
(4) Domestic suppliers.--As part of the review under this
paragraph, the Secretary may establish and maintain a list of
known domestic suppliers of covered items.
(5) Definition of covered item.--For the purposes of this
section, the term ``covered item'' means any material or
product (except for iron and steel) subject to the
requirements of section 313(a) of title 23, United States
Code, that is commonly used in highway construction or
procured under the Federal-aid highway program.
(d) Iron and Steel.--Subsections (b) and (c) shall not
affect the requirements under section 635.410(b)(1)(ii) of
title 23, Code of Federal Regulations, with respect to iron
and steel.
(e) Construction Materials Defined.--In this section, the
term ``construction materials'' has the meaning given such
term in section 313 of title 23, United States Code.
(f) 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.--Section 113 of title 23, United States
Code, is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--The Secretary shall take such action as
may be necessary to ensure that all laborers and mechanics
employed by contractors or subcontractors on construction
work performed on projects financed or otherwise assisted in
whole or in part by a loan, loan guarantee, grant, credit
enhancement, or any other form of Federal assistance
administered by the Secretary or the Department, including
programs to capitalize revolving loan funds and subsequent
financing cycles under such funds, shall be paid wages at
rates not less than those prevailing on projects of a
character similar in the locality, as determined by the
Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40. With respect to the labor standards
specified in this section, the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267) and section 3145 of title
40.'';
(2) by redesignating subsection (c) as subsection (b); and
(3) in subsection (b), as so redesignated, by inserting
``Apprenticeship and Skill Training Programs.--'' before
``The provisions''.
(b) Conforming Amendments.--
(1) Section 133 of title 23, United States Code, is amended
by striking subsection (i).
(2) Section 167 of title 23, United States Code, is amended
by striking subsection (l).
(3) Section 1401 of the MAP-21 (23 U.S.C. 137 note) is
amended by striking subsection (e).
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 (a)(2)(G) by inserting ``, including the
payment of fees awarded under section 2412 of title 28''
after ``with the project''.
(2) in subsection (c)--
(A) by striking paragraph (5) and inserting the following:
``(5) except as provided under paragraph (7), have a term
of not more than 5 years;'';
[[Page H3379]]
(B) in paragraph (6) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(7) for any State that has participated in a program
under this section (or under a predecessor program) for at
least 10 years, have a term of 10 years.'';
(3) in subsection (g)(1)--
(A) in subparagraph (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
(4) by adding at the end the following:
``(m) Agency Deemed to Be Federal Agency.--A State agency
that is assigned a responsibility under an agreement under
this section shall be deemed to be an agency of the United
States for the purposes of section 2412 of title 28.''.
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,
replacement, rehabilitation, preservation, or protection,
other than de minimis work, as determined by the applicable
State department of transportation, on a bridge project that
receives financial assistance under title 23, United States
Code.
(2) Certified contractor.--The term ``certified
contractor'' means a contracting or subcontracting firm that
has been certified by an industry-wide recognized third party
organization that evaluates the capability of the contractor
or subcontractor to properly perform 1 or more specified
aspects of applicable bridge projects described 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--
(A) offered or accredited by an organization that sets
industry corrosion standards; or
(B) an industrial coatings applicator training 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 standards of subpart A of part 29 and part 30
of title 29, Code of Federal Regulations.
(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) shall
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; and
(C) shop painting of structural steel or rebar fabricated
for installation on an applicable bridge project.
(3) Corrosion management system.--In carrying out an
applicable bridge project, a State department of
transportation 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, for the purpose of
carrying out aspects of applicable bridge projects described
in paragraph (2), to employ a substantial number of
individuals that are trained and certified by a qualified
training program as meeting the ANSI/NACE Number 13/SSPC-ACS-
1 standard or future versions of this standard.
(4) Certification.--The applicable State department of
transportation shall only accept bids for projects that
include aspects of applicable bridge projects described in
paragraph (2) from a certified contractor that presents
written proof that the certification of such contractor meets
the standards of SSPC QP1, QP2, and QP3 or future versions of
these standards.
(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 individual who is not a certified
coating applicator but that the certified contractor employs
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.
SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN RIGHT-OF-
WAY.
(a) In General.--Notwithstanding chapter 1 of title 23,
United States Code, electric vehicle charging infrastructure,
renewable energy generation facilities, electrical
transmission and distribution infrastructure, and broadband
infrastructure and conduit shall be treated as a facility
covered under part 645 of title 23, Code of Federal
Regulations (or successor regulations), for purposes of being
accommodated under section 109(l) of title 23, United States
Code.
(b) State Approval.--A State, on behalf of the Secretary of
Transportation, may approve the accommodation of the
infrastructure and facilities described in subsection (a)
within any right-of-way on a Federal-aid highway pursuant to
section 109(l) of title 23, United States Code.
SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE SAFETY
IMPROVEMENTS.
(a) In General.--Notwithstanding any provision of title 23,
United States Code, or any regulation issued by the Secretary
of Transportation, section 129(a)(3) of such title shall not
apply to a covered public authority that receives funding
under such title for pedestrian and bike safety improvements.
(b) No Toll.--A covered public authority may not charge a
toll, fee, or other levy for use of such improvements.
(c) Effective Date.--A covered public authority shall be
eligible for the exemption under subsection (a) for 10 years
after the date of enactment of this Act. Any such exemption
granted shall remain in effect after the effective date
described in this section.
(d) Definitions.--In this section, the following
definitions apply:
(1) Covered public authority.--The term ``covered public
authority'' means a public authority with jurisdiction over a
toll facility located within both--
(A) a National Scenic Area; and
(B) the National Trail System.
(2) National scenic area.--The term ``National Scenic
Area'' means an area of the National Forest System federally
designated as a National Scenic Area in recognition of the
outstanding natural, scenic, and recreational values of the
area.
(3) National trail system.--The term ``National Trail
System'' means an area described in section 3 of the National
Trails System Act (16 U.S.C. 1242).
(4) Public authority; toll facility.--The terms ``public
authority'' and ``toll facility'' have the meanings such
terms would have if such terms were included in chapter 1 of
title 23, United States Code.
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, 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 eligible
under section 124, including protective features and natural
infrastructure.
``(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 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) The removal, retrofit, repurposing, remediation, or
replacement of a highway on the National Highway System that
creates a barrier to community connectivity to improve access
for multiple modes of transportation.''; 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
[[Page H3380]]
``(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 public transportation 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--
``(A) construction activities, including construction of
natural infrastructure or protective features--
``(i) to increase the resilience of a surface
transportation infrastructure asset to withstand a covered
event;
``(ii) to relocate or provide a reasonable alternative to a
repeatedly damaged facility; and
``(iii) for an evacuation route identified in the
vulnerability assessment required under section
134(i)(2)(I)(iii) or section 135(f)(10)(C) to--
``(I) improve the capacity or operation of such evacuation
route through communications and intelligent transportation
system equipment and infrastructure, counterflow measures,
and shoulders; and
``(II) relocate such evacuation route or provide a
reasonable alternative to such evacuation route to address
the risk of a covered event;
``(B) resilience planning activities, including activities
described in sections 134(i)(2)(I) and 135(f)(10) of this
title and sections 5303(i)(2)(I) and 5304(f)(10) of title 49;
and
``(C) the development of projects and programs that help
States, territories, and regions recover from covered events
that significantly disrupt the 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 region-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).
``(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 in the long-term;
``(B) reduce the risk of disruption to a surface
transportation infrastructure asset considered critical to
support population centers, freight movement, economic
activity, evacuation, recovery, national security functions,
or critical infrastructure; 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), flooding,
and an extreme event or other natural disaster (including
wildfires, seismic activity, and landslides).
``(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) Projects in Flood-Prone Areas.--Section 109 of title
23, United States Code, is further amended by adding at the
end the following:
``(t) Projects in Flood-Prone Areas.--For projects and
actions that, in whole or in part, encroach within the limits
of a flood-prone area, the Secretary shall ensure that such
projects and actions are--
``(1) designed and constructed in a way that takes into
account, and mitigates where appropriate, flood risk by using
hydrologic, hydraulic, and hydrodynamic data, methods, and
analysis that integrate current and projected changes in
flooding based on climate science over the anticipated
service life of the asset and future forecasted land use
changes; and
``(2) designed using analysis that considers the capital
costs, risks, and other economic, engineering, social and
environmental concerns of constructing a project in a flood-
prone area.''.
(c) 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) at the discretion of the metropolitan planning
organization, identifies evacuation routes, assesses the
ability of any such routes to provide safe passage for
evacuation, access to health care and public health
facilities, 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,
Tribal, 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 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 any 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);
[[Page H3381]]
``(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) at the discretion of the metropolitan planning
organization, identifies evacuation routes, assesses the
ability of any such routes to provide safe passage for
evacuation, access to health care and public health
facilities, 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,
Tribal, 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 any 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.''.
(d) 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,
access to health care and public health facilities, 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,
Tribal, 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
paragraph shall be developed in consultation with, as
appropriate, metropolitan planning organizations and 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,
access to health care and public health facilities, 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,
Tribal, 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
paragraph shall be developed in consultation with, as
appropriate, metropolitan planning organizations and 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 ``(as defined in
subsection (e)(1))'';
(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 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.
``(C) Repeatedly damaged facilities.--An application
submitted under this section for the permanent repair or
reconstruction of a repeatedly damaged facility shall include
consideration and, if feasible, incorporation of economically
justifiable betterments, including protective features, to
increase the resilience of such 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
[[Page H3382]]
(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 (c)(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, Federal lands
transportation facilities, and Tribal transportation
facilities.
``(2) Allocation 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.--Annually, 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, and
Indian Tribe.
``(C) Allocation.--Any amounts made available under this
subsection shall be distributed to each State, territory, or
Indian Tribe based on--
``(i) the ratio that the total amount of outstanding
eligible repair costs for such State, territory, or Indian
Tribe, as described under subparagraph (B); bears to
``(ii) the total amount of outstanding eligible repair
costs for all States, territories, and Indian Tribes, as
described under subparagraph (B).
``(D) Limitation.--The allocation to a State, territory, or
Indian Tribe described under subparagraph (C) shall not
exceed 5 percent of the total amount of outstanding eligible
repair costs under the emergency relief program for such
State, territory, or Indian Tribe, as 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.--For each fiscal year in which funding is
made available for the program under this subsection, 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 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 described in paragraph (1); and
``(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 1 year 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 consider economically justified betterments in
emergency relief projects, such as--
``(i) protective features that increase the resilience of
the facility; and
``(ii) incorporation of context sensitive design principles
and other planned betterments that improve the safety of the
facility;
``(2) consider transportation system access for moderate
and low-income families impacted by a major disaster or
emergency declared by the President under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170);
``(3) develop best practices for improving the use of
resilience in--
``(A) the emergency relief program under this section; and
``(B) emergency relief efforts;
``(4) provide to division offices of the Federal Highway
Administration and State departments of transportation
information on the best practices developed under paragraph
(2); and
``(5) develop and implement a process to track--
``(A) the consideration of resilience as part of the
emergency relief program under this section; 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(j)''.
(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 or installation of protective devices
(including replacement of functionally obsolete 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--
``(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:
[[Page H3383]]
``(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 projects to improve railway crossing
safety.
``(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
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 (1)(B) by inserting ``, except that for
the purposes of this section hovercraft and terminal
facilities for hovercraft engaging in water transit for
passengers or vehicles shall be considered ferry boats and
ferry terminal facilities eligible under section 129(c)''
after ``section 129(c)'';
(C) 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'';
(D) 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'';
(E) in paragraph (12) by striking ``travel'' and inserting
``transportation''; and
(F) 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).
``(20) roads in rural areas that primarily serve to
transport agricultural products from a farm or ranch to a
marketplace.
``(21) The removal, retrofit, repurposing, remediation, or
replacement of a highway or other transportation facility
that creates a barrier to community connectivity to improve
access for multiple modes of transportation.'';
(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 2023, 58 percent for fiscal year 2024, 59 percent for
fiscal year 2025, and 60 percent for fiscal year 2026'';
(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 2023 through 2026.
``(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 may 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 one or more full-time State, regional,
or local government employee positions to administer this
subsection.
``(B) Eligible funds.--To carry out this paragraph, a State
or metropolitan planning organization may use funds made
available under paragraphs (2) or (6) of section 104(b).
``(C) Use of funds.--Amounts used under this paragraph may
be expended--
``(i) directly by the State or metropolitan planning
organization; or
``(ii) through contracts with State agencies, private
entities, or nonprofit organizations.'';
(6) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``over 200,000'' and inserting ``greater
than 200,000''; and
(ii) by striking ``2016 through 2020'' and inserting ``2023
through 2026''; and
(B) by adding at the end the following:
``(3) Annual amounts.--To the extent practicable, each
State shall annually notify each affected metropolitan
planning organization as to the amount of obligation
authority that will be made available under paragraph (1) to
each affected metropolitan planning organization for the
fiscal year.'';
(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).
[[Page H3384]]
``(B) Reduction of expenditures.--The Secretary, after
consultation with State and local 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)--
(A) in the heading by striking ``5,000'' and inserting
``50,000''; and
(B) in paragraph (1) by striking ``subsection
(d)(1)(A)(ii)'' and all that follows through the period at
the end and inserting ``clauses (iii) and (iv) of subsection
(d)(1)(A) for each fiscal year may be obligated on roads
functionally classified as rural minor collectors or local
roads or on critical rural freight corridors designated under
section 167(e).''.
(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) Priority.--The processes described in subparagraph
(A) shall prioritize project location and impact in low-
income, transit-dependent, or other high-need areas.
``(C) 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
[[Page H3385]]
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 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 one 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.
``(C) Improving project delivery.--
``(i) In general.--The Secretary shall take such action as
may be necessary, consistent with Federal requirements, to
facilitate efficient and timely delivery of projects under
this subsection that are small, low impact, and constructed
within an existing built environment.
``(ii) Considerations.--The Secretary shall consider the
use of programmatic agreements, expedited or alternative
procurement processes (including project bundling), and other
effective practices to facilitate the goals of this
paragraph.
``(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.
``(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 by eligibility category 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
funding sources (including non-Federal match), the project
status, the specific location, the congressional district,
the type by eligibility category, 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 2023 to 2026, 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, are consistent with
the transportation asset management plan of the State, or
provide support for the condition and performance of bridges
on public roads within the State; and
``(iii) remove, 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;
[[Page H3386]]
``(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;
``(XIII) training for bridge inspectors consistent with
subsection (i); and
``(XIV) removal of a bridge classified as in poor condition
in order to improve community connectivity.
``(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;
``(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) Transportation management area.--The term
`transportation management area' means an area designated
under section 134(k).
``(16) 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.
``(17) 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.
[[Page H3387]]
``(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 the Secretary determines that the
fatality rate on rural roads in a State for the most recent
2-year period for which data are available exceeds the median
fatality rate for rural roads among all States, such 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.
``(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'';
(ii) by striking ``drivers and pedestrians'' and inserting
``road users''; and
(iii) by striking ``address the increases in'' and
inserting ``reduce''; and
(C) by adding at the end the following:
``(3) Vulnerable road user safety.--
``(A) High risk states.--
``(i) Annual determination.--Beginning on the date of
enactment of the INVEST in America Act, the Secretary shall
determine on an annual basis whether the number of vulnerable
road user fatalities and serious injuries per capita in a
State over the most recent 2-year period for which data are
available exceeds the median number fatalities in all such
areas over such 2-year period.
``(ii) Obligation requirement.--If the Secretary determines
that the number of vulnerable road user fatalities and
serious injuries per capita in a 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
over such 2-year period 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 for projects in that State as required
by subparagraph (B)(ii)) for--
``(I) in the first two fiscal years after the enactment of
the INVEST in America Act--
``(aa) performing the vulnerable road user safety
assessment as required by subsection (l);
``(bb) providing matching funds for transportation
alternatives safety projects as identified in section
133(h)(7)(B); or
``(cc) projects eligible under subparagraphs (A), (B), (C),
or (I) of section 133(h); and
``(II) in each 2-year period thereafter, projects
identified in the program of projects described in subsection
(l)(2)(C).
``(B) High risk areas.--
``(i) Annual determination.--The Secretary shall determine
on an annual basis whether the number of vulnerable road user
fatalities per capita in a transportation management area
over the most recent 2-year period for which data are
available exceeds the median number fatalities in all such
areas over such 2-year period.
``(ii) Obligation requirement.--If the Secretary determines
that the number of vulnerable road user fatalities per capita
in the transportation management area over the most recent 2-
year period for which data are available exceeds the median
number of such fatalities over such 2-year period among all
such areas, then there shall be required to be obligated over
the 2 fiscal years following the fiscal year in which such
determination is made, for projects identified in the program
of projects described in subsection (l)(7)(C), 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.
``(iii) Applicability.--The obligation requirement
described in clause (ii) shall not take effect until the
subject metropolitan planning organization has developed the
vulnerable road user safety assessment described in
subsection (l)(7).
``(C) Source of funds.--
``(i) In general.--Any amounts required to be obligated
under this paragraph shall be from amounts apportioned under
section 104(b) except for--
``(I) amounts described in section 133(d)(1)(A); and
``(II) amounts set aside under section 133(h).
``(ii) Areas in a high risk state.--If an area subject to
the obligation requirement described in subparagraph (B)(ii)
is located in a State required to obligate funds to
vulnerable road user safety under subparagraph (A)(ii), any
obligations in such State for projects identified in the
program of projects described in subsection (l)(7)(C) shall
count toward such State's obligation requirement under
subparagraph (A)(ii).'';
(6) in subsection (h)(1)(A)--
(A) by inserting ``, including any efforts to reduce
vehicle speed'' after ``under this section''; and
(B) by inserting ``and projects identified under a
vulnerable road user safety assessment'' after ``projects'';
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,
including, if available, 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, including, if available, 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) Urbanized area assessments.--
``(A) In general.--A metropolitan planning organization
representing a transportation management area shall, in
consultation with local governments in such area, complete a
vulnerable road user safety assessment based on the most
recent 5 years of available data at least once every 4 years.
``(B) Contents.--The assessment completed under
subparagraph (A) shall include--
``(i) a description of the location within the area of each
vulnerable road user fatality and, if available, serious
injury;
``(ii) a description of any corridors that represent a
high-risk area identified under paragraph (2)(B) or have
otherwise been identified by the metropolitan planning
organization or local government that pose a high risk of a
vulnerable road user fatality or serious injury; and
``(iii) 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), publicly
accessible charging stations, docks, and storage for electric
bicycles and micromobility devices,'' 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
[[Page H3388]]
(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.
``(b) Interoperability.--An electric vehicle charging
station funded under this title shall--
``(1) provide a charging connector type or means to
transmit electricity to vehicles that meets applicable
industry accepted practices and safety standards; and
``(2) have the ability to serve vehicles produced by more
than one vehicle manufacturer.
``(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) Network Capability.--An electric vehicle charging
station funded under this title shall be capable of being
remotely monitored.
``(e) Standards and Guidance.--Not less than 180 days after
enactment of the INVEST in America Act, the Secretary of
Transportation, in coordination with the Secretary of Energy
and in consultation with relevant stakeholders, shall, as
appropriate, develop standards and guidance applicable to any
electric vehicle charging station funded in whole or in part
under this title related to--
``(1) the installation, operation, or maintenance by
qualified technicians of electric vehicle charging
infrastructure;
``(2) the interoperability of electric vehicle charging
infrastructure;
``(3) any traffic control device or on-premises sign
acquired, installed, or operated related to an electric
vehicle charging station funded under this title; and
``(4) network connectivity of electric vehicle charging
infrastructure, including measures to protect personal
privacy and ensure cybersecurity.
``(f) Wage Requirements.--Section 113 shall apply to any
project for electric vehicle charging infrastructure funded
under this title.''.
(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 a comprehensive system of signs for
electric vehicle charging providers to help drivers identify
the type of charging and connector types available at the
location.
(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 subsection (a) or (b)
and sections 137 and 142, the Secretary shall permit,
consistent with section 155, limited commercial activities
for the charging of electric vehicles on rights-of-way of the
Interstate System, including 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.
(a) In General.--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, including local pollution
derived from vehicles idling at railway crossings;
``(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)(2) by striking ``150 miles'' and
inserting ``300 miles'';
(3) in subsection (f)(4) by striking ``75 miles'' and
inserting ``150 miles'';
(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''.
(b) National Highway Freight Network.--If a congressionally
designated future Interstate, or any portion thereof, is
included in a State Freight Plan (regardless of whether such
project is included in the freight investment plan of the
State) approved by the Department of Transportation prior to
October 1, 2021, such route shall be considered to be on the
National Highway Freight Network established under section
167(c) of title 23, United States Code.
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(d); and
``(3) is--
``(A) eligible for assistance under this title or under
chapter 53 of title 49 or is a capital project for vehicles
and facilities (whether publicly or privately owned) that are
used to provide intercity passenger service by bus; 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.
[[Page H3389]]
``(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)(A), 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)(A), 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).
``(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)(A); 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--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``except for'' and all
that follows and inserting the following: ``except for--
``(A) a motorized wheelchair; and
``(B) in any case in which applicable laws and regulations
permit use, an electric bicycle, as defined in section
217(j).'';
(B) in paragraph (2)--
(i) in subparagraph (F) by striking ``and'' at the end;
(ii) in subparagraph (G) by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(H) electric bicycling.''; and
(2) by adding at the end the following:
``(j) Special Rule.--Section 113 shall not apply to
projects under this section.
``(k) 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) 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;
(3) in subsection (j)--
(A) in paragraph (1) by inserting ``or operators of
micromobility devices'' after ``bicyclists'';
(B) 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
[[Page H3390]]
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.
``(3) Micromobility device.--The term `micromobility
device' means any wheeled vehicle equipped with a low powered
electric motor--
``(A) that is designed primarily for human transport;
``(B) that weighs not more than 100 pounds; and
``(C) that has a top speed of 20 miles per hour or less.''.
SEC. 1217. NOISE BARRIERS.
(a) Permitting Use of Highway Trust Fund for Construction
of Certain Noise Barriers.--Section 339(b)(1) of the National
Highway System Designation Act of 1995 (23 U.S.C. 109 note)
is amended to read as follows:
``(1) General rule.--No funds made available out of the
Highway Trust Fund may be used to construct a Type II noise
barrier (as defined by section 772.5(I) of title 23, Code of
Federal Regulations) pursuant to subsections (h) and (I) of
section 109 of title 23, United States Code, unless--
``(A) such a barrier is part of a project approved by the
Secretary before November 28, 1995; or
``(B) such a barrier separates a highway or other noise
corridor from a group of structures of which the majority of
those closest to the highway or noise corridor--
``(i) are residential in nature; and
``(ii) either--
``(I) were constructed before the construction or most
recent widening of the highway or noise corridor; or
``(II) are at least 10 years old.''.
(b) Eligibility for Surface Transportation Program Funds.--
Section 133 of title 23, United States Code, is amended--
(1) in subsection (b) by adding at the end the following:
``(22) Planning, design, or construction of a Type II noise
barrier (as described in section 772.5 of title 23, Code of
Federal Regulations).''; and
(2) in subsection (c)(2) by inserting ``and paragraph
(22)'' after ``(11)''.
SEC. 1218. SAFE STREETS FOR ALL.
Section 148 of title 23, United States Code, is further
amended by adding at the end the following:
``(m) Safe Streets for All.--
``(1) Safe streets set-aside.--
``(A) Establishment.--The Secretary shall establish a safe
streets program to eliminate the occurrence of
transportation-related fatalities and serious injuries on
public roads, with a focus on vulnerable road users.
``(B) Amount.--Of the funds apportioned to a State under
section 104(b)(3) for each fiscal year, the Secretary shall
reserve an amount such that--
``(i) the Secretary reserves a total under this subsection
of $500,000,000 for each of fiscal years 2023 through 2026;
and
``(ii) the State's share of that total is distributed in
the same manner as the amount apportioned to the State under
section 104(b)(3) for each fiscal year bears to the total
amount of funds apportioned to all States under such section.
``(2) Suballocation.--For each fiscal year for which funds
are set aside under this subsection, such funds shall be
obligated within a State in the manner described in
subsections (d) and (e) of section 133, except that, for the
purposes of this subsection, the percentage referred to in
section 133(d)(1)(A) shall be treated as 100 percent.
``(3) Use of funds.--
``(A) In general.--Funds set aside under this subsection
shall be available for obligation--
``(i) for a complete streets project that supports the
safe, comfortable, convenient, and independent movement of
all users of the transportation system, of all ages and
abilities, consistent with context sensitive design
principles;
``(ii) for activities eligible under the safe routes to
school program under section 211;
``(iii) to develop and implement the policies and
procedures described in section 109(s);
``(iv) for any element of vision zero planning described
under section 1601 of the INVEST in America Act and to
implement an existing vision zero plan;
``(v) for other activities in furtherance of the vulnerable
road user safety assessment of the State or the metropolitan
planning organization described under subsection (l); and
``(vi) for any other project, program, or plan eligible
under this section that provides for the safe and adequate
accommodation of all users of the surface transportation
network, as determined by the Secretary.
``(B) Special rule.--If a State or metropolitan planning
organization demonstrates to the satisfaction of the
Secretary that such State or metropolitan planning
organization has met all its needs for vulnerable road user
safety under this section, the State or metropolitan planning
organization may use funds made available under this
subsection for other highway safety improvement program
purposes, subject to the suballocation under paragraph (2).
The Secretary may not make a determination under this
subparagraph if the State or metropolitan planning
organization has been subject to the special rule described
in subsection (g)(3) within the last 5 years.''.
SEC. 1219. YOUTH SERVICE AND CONSERVATION CORPS.
(a) In General.--Chapter 2 of title 23, United States Code,
is amended by inserting after section 211 (as added by this
Act) the following:
``Sec. 212. Use of youth service and conservation corps
``(a) In General.--The Secretary may allow and shall
encourage project sponsors to enter into contracts and
cooperative agreements with qualified youth service or
conservation corps, as described in sections 122(a)(2) of the
National and Community Service Act of 1990 (42 U.S.C.
12572(a)(2)) and 106(c)(3) of the National and Community
Service Trust Act of 1993 (42 U.S.C. 12656(c)(3)) to perform
appropriate projects eligible under sections 133(h), 162,
206, and 211.
``(b) Requirements.--Under any contract or cooperative
agreement entered into with a qualified youth service or
conservation corps under this section, the Secretary shall--
``(1) set the amount of a living allowance or rate of pay
for each participant in such corps at--
``(A) such amount or rate as required under State law in a
State with such requirements; or
``(B) for corps in States not described in subparagraph
(A), at such amount or rate as determined by the Secretary,
not to exceed the maximum living allowance authorized by
section 140 of the National and Community Service Act of 1990
(42 U.S.C. 12594); and
``(2) not subject such corps to the requirements of section
112.''.
(b) Clerical Amendment.--The analysis for chapter 2 of
title 23, United States Code, is amended by inserting after
the item relating to section 211 (as added by this Act) the
following:
``212. Use of youth service and conservation corps.''.
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.--
``(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.
[[Page H3391]]
``(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) one 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, including the ability to
withstand disruptions from a seismic event;
``(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 consider the following:
``(A) Whether the project spans at least 1 border between 2
States.
``(B) Whether the project serves low-income residents of
low-income communities, including areas of persistent
poverty, while not displacing such residents.
``(C) 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.
``(D) Whether the project improves connectivity between
modes of transportation moving people or goods in the Nation
or region.
``(E) Whether the project provides new or improved
connections between at least two metropolitan areas with a
population of at least 500,000.
``(F) Whether the project would replace, reconstruct, or
rehabilitate a commuter corridor (including a high-commuter
corridor (as such term is defined in section 203(a)(6))) that
is in poor condition.
``(G) Whether the project would improve the shared
transportation corridor of a multistate corridor.
``(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 2023 through 2026.
``(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.
``(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) Bridge Investments.--Of the amounts made available to
carry out this section, the Secretary shall reserve not less
than $1,000,000,000 in each fiscal year to make grants for
projects described in subsection (e)(1)(A).
``(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 this title to a highway project;
[[Page H3392]]
``(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 America
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.
``(m) 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.
``(n) Administration.--Of the amounts made available to
carry out this section, the Secretary may use up to
$5,000,000 in each fiscal year for the costs of administering
the program under this section.
``(o) 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.
``(p) 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).
``(q) 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.
``(r) Definition of Eligible Entity.--In this section, the
term `eligible entity' means--
``(1) a State or a group of States;
``(2) a unit of local government, including a metropolitan
planning organization, or a group of local governments;
``(3) a political subdivision of a State or local
government;
``(4) a special purpose district or public authority with a
transportation function, including a port authority;
``(5) an Indian Tribe or Tribal organization;
``(6) a Federal agency eligible to receive funds under
section 201, 203, or 204, including the Army Corps of
Engineers, Bureau of Reclamation, and the Bureau of Land
Management, that applies jointly with a State or group of
States;
``(7) a territory; and
``(8) a multistate or multijurisdictional group of entities
described in this subsection.''.
(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
areas with a population greater than 74,999 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
that are outside of an urbanized area with a population
greater than 74,999 individuals, as determined by the Bureau
of the Census.
``(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 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).
[[Page H3393]]
``(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 in each fiscal year 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 America
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.
``(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) an Indian Tribe or Tribal organization;
``(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. CLEAN CORRIDORS PROGRAM.
(a) Purpose.--The purpose of this section is to establish a
formula program to strategically deploy electric vehicle
charging infrastructure along designated alternative fuel
corridors that will be accessible to all drivers of electric
vehicles.
(b) National Electric Vehicle Charging and Hydrogen,
Propane, and Natural Gas Fueling Corridors.--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 ``Not later than'' and inserting the
following:
``(1) In general.--Not later than'';
(B) 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'';
(C) by inserting ``establish a recurring process to
regularly'' after ``the Secretary shall''; and
(D) by adding at the end the following:
``(2) Freight corridors.--Not later than 1 year after the
date of enactment of the INVEST in America Act, the Secretary
shall designate national electric vehicle charging and
hydrogen fueling freight corridors that identify the near-
and long-term need for, and the location of, electric vehicle
charging and hydrogen fueling infrastructure to support
freight and goods movement at strategic locations along major
national highways, the National Highway Freight Network, and
goods movement locations including ports, intermodal centers,
and warehousing locations.'';
(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 ``, including progress on the implementation of
subsection (f); 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 to allow for the predictable deployment of
such infrastructure.''; and
(5) by adding at the end the following:
``(f) Clean Corridors Program.--
``(1) Establishment.--There is established a clean
corridors program (referred to in this subsection as the
``Program'') to provide funding to States to strategically
deploy electric vehicle charging and hydrogen fueling
infrastructure along alternative fuel corridors and to
establish an interconnected network to facilitate data
collection, access, and reliability.
``(2) Purpose.--The purpose of the Program is to provide
funding for--
``(A) the acquisition and installation of electric vehicle
charging infrastructure and hydrogen fueling infrastructure
to serve as a catalyst for the deployment of such
infrastructure and to connect it to a network to facilitate
data collection, access, and reliability;
``(B) proper operation and maintenance of electric vehicle
charging infrastructure; and
``(C) data sharing about charging and fueling
infrastructure to ensure the long-term success of investments
made through the Program.
``(3) Alternative distribution of funds.--
``(A) Plan.--The Secretary shall establish a deadline by
which a State shall provide a plan to the Secretary, in such
form and such manner that the Secretary requires, describing
how such State intends to use its allocation under this
section.
``(B) Efficient obligation of funds.--If a State fails to
submit the plan required by subparagraph (A) to the Secretary
in a timely manner, or if the Secretary determines a State
has not taken sufficient action to carry out its plan, the
Secretary may--
``(i) withdraw from the State the funds that were
apportioned to the State for a fiscal year under section
104(b)(10);
``(ii) award such funds on a competitive basis to local
units of government within the State for use on projects that
meet the eligibility requirements described in paragraph (4);
and
``(iii) ensure timely obligation of such funds.
``(C) Redistribution among states.--If the Secretary
determines that any funds withdrawn from a State under
subparagraph (B)(i) cannot be fully awarded to local units of
government within the State under subparagraph (B)(ii) in a
manner consistent with the purpose of this subsection, any
such funds remaining under subparagraph (B)(i) shall be--
``(i) apportioned among other States (except States for
which funds for that fiscal year have been withdrawn under
subparagraph (B)(i)) in the same ratio as funds apportioned
for that fiscal year under section 104(b)(10)(C) for the
Program; and
``(ii) only available to carry out this section.
``(4) Eligible projects.--
``(A) In general.--Funding made available under this
subsection shall be for projects--
``(i) directly related to the electric charging or hydrogen
fueling of a vehicle; and
``(ii) only for infrastructure that is open to the general
public or to authorized commercial motor vehicle operators
from more than 1 company.
``(B) Location of infrastructure.--
``(i) In general.--Any charging or fueling infrastructure
acquired or installed with funding under this subsection
shall be located along an alternative fuel corridor.
``(ii) Guidance.--Not later than 90 days after the date of
enactment of the INVEST in America Act, the Secretary of
Transportation, in coordination with the Secretary of Energy,
shall develop guidance for States and localities to
strategically deploy charging and fueling infrastructure
along alternative fuel corridors, consistent with this
section.
``(iii) Additional considerations.--In developing the
guidance required under clause (ii), the Secretary of
Transportation, in coordination with the Secretary of Energy,
shall consider--
``(I) the distance between publicly available charging and
fueling infrastructure eligible under this section;
``(II) connections to the electric grid or fuel
distribution system, including electric distribution
upgrades, vehicle-to-grid integration, including smart charge
management or other protocols that can minimize impacts to
the electric grid, and alignment with electric distribution
interconnection processes;
``(III) plans to protect the electric grid from added load
of charging distribution systems from adverse impacts of
changing load patterns, including through on site storage;
``(IV) plans for the use of renewable energy sources to
power charging, energy storage, and hydrogen fuel production;
``(V) the proximity of existing off-highway travel centers,
fuel retailers, and small businesses to electric vehicle
charging infrastructure acquired or funded under this
subsection;
``(VI) the need for publicly available electric vehicle
charging infrastructure in rural corridors;
``(VII) the long-term operation and maintenance of publicly
available electric vehicle
[[Page H3394]]
charging infrastructure to avoid stranded assets and protect
the investment of public funds in that infrastructure;
``(VIII) existing private, national, State, local, Tribal,
and territorial government electric vehicle charging
infrastructure programs and incentives;
``(IX) fostering enhanced, coordinated, public-private or
private investment in charging and fueling infrastructure;
``(X) ensuring consumer protection and pricing
transparency;
``(XI) the availability of onsite amenities for vehicle
operators, including restrooms or food facilities; and
``(XII) any other factors, as determined by the Secretary.
``(5) Eligible project costs.--Subject to paragraph (6),
funds made available under this subsection may be used for--
``(A) the acquisition or installation of electric vehicle
charging or hydrogen fueling infrastructure;
``(B) operating assistance for costs allocable to operating
and maintaining infrastructure acquired or installed under
this subsection, for a period not to exceed five years;
``(C) the acquisition or installation of traffic control
devices located in the right-of-way to provide directional
information to infrastructure acquired, installed, or
operated under this subsection; or
``(D) on-premises signs to provide information about
infrastructure acquired, installed, or operated under this
subsection.
``(6) Project requirements.--Not later than 180 days after
the date of enactment of the INVEST in America Act, the
Secretary of Transportation, in coordination with the
Secretary of Energy and in consultation with relevant
stakeholders, shall, as appropriate, develop standards and
requirements for electric vehicle charging infrastructure
under this subsection related to--
``(A) the installation, operation, or maintenance by
qualified technicians of electric vehicle charging
infrastructure funded under this subsection;
``(B) the interoperability of electric vehicle charging
infrastructure funded under this subsection;
``(C) any traffic control device or on-premises sign
acquired, installed, or operated under this subsection;
``(D) any data requested by the Secretary related to a
project funded under this subsection, including the format
and schedule for the submission of such data; and
``(E) network connectivity of electric vehicle charging
infrastructure funded under this subsection that includes
measures to protect personal privacy and ensure
cybersecurity.
``(7) Federal share.--The Federal share payable for the
cost of a project funded under this subsection shall be 80
percent.
``(8) Period of availability.--Notwithstanding section
118(b), funds made available for the Program shall be
available until expended.
``(9) Additional assistance grants.--For each of fiscal
years 2023 through 2026, before making an apportionment under
section 104(b)(10), the Secretary shall set aside, from
amounts made available to carry out the clean corridors
program under this subsection, $100,000,000 for grants to
States or localities that require additional assistance to
strategically deploy infrastructure eligible under this
subsection along alternative fuel corridors to fill gaps in
the national charging network, including in rural areas.
``(10) Definition of alternative fuel corridors.--In this
subsection, the term `alternative fuel corridors' means a
fuel corridor--
``(A) designated under subsection (a); or
``(B) equivalent to a fuel corridor described under such
subsection that is designated, after consultation with any
affected Indian Tribes or Tribal organizations, by a State or
group of States.''.
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) An Indian Tribe or Tribal organization.
``(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 is a capital project for
vehicles and facilities, whether publicly or privately owned,
that are used to provide intercity passenger service by bus;
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;
``(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 America
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.
``(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) Public Comment.--Prior to issuing the notice of
funding opportunity for funding under this section for fiscal
year 2023, the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
solicit public comment on the method of determining the
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significant reduction in greenhouse gas emissions required
under subsection (e).
``(m) Consultation.--Prior to making an award under this
section in a given fiscal year, the Secretary shall consult
with the Administrator of the Environmental Protection Agency
to determine which projects are expected to yield a
significant reduction in greenhouse gas emissions as required
under subsection (e).
``(n) Rural Set-aside.--
``(1) In general.--The Secretary shall set aside not less
than 10 percent of the amounts made available to carry out
this section for projects located in rural areas.
``(2) Definition of rural area.--In this subsection, the
term `rural area' means all areas of a State or territory
that are outside of an urbanized area with a population
greater than 74,999 individuals, as determined by 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
establish a metro performance program in accordance with this
section to enhance local decision making and provide enhanced
local control in transportation project delivery.
(b) Direct Recipient Designation.--
(1) In general.--The Secretary shall designate high-
performing metropolitan planning organizations based on the
criteria in paragraph (3) to be direct recipients of funds
under this section.
(2) Authority.--Nothing in this section shall be construed
to prohibit a direct recipient from taking any action
otherwise authorized to secure and expend Federal funds
authorized 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 one 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 as described under subparagraphs (A) and (B) of section
5302(4) of title 49, United States Code, or a direct
recipient of funds under section 5307 of such title from the
Federal Transit Administration; 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 in each of fiscal
years 2023 through 2026 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) 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 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.
(3) Project delivery.--
(A) In general.--For 1 or more projects carried out with
funds provided under this section, the direct recipient may,
consistent with the agreement entered into with the Secretary
under this paragraph, assume the Federal-aid highway project
approval and oversight responsibilities vested in the State
department of transportation under section 106 of title 23,
United States Code.
(B) Partnership.--The direct recipient may partner with a
State, unit of local government, regional entity, or transit
agency to carry out a project under this section.
(C) Procedural, legal, and substantive requirements.--A
direct recipient entering into an agreement with the
Secretary under this section shall assume responsibility for
compliance with all procedural and substantive requirements
as would apply if that responsibility were carried out by a
State, unless the direct recipient or the Secretary
determines that such assumption of responsibility for 1 or
more of the procedural and substantive requirements is not
appropriate.
(D) Written agreement.--The Secretary and the direct
recipient shall enter into an agreement in writing relating
to the extent to which the direct recipient assumes the
responsibilities of the Secretary under this paragraph. Such
agreement shall be developed in consultation with the State.
(E) Use of funds.--The direct recipient may use amounts
made available under this section for costs incurred in
implementing this paragraph and to compensate a State, unit
of local government, or transit agency for costs incurred in
providing assistance under this paragraph.
(F) Limitations.--The direct recipient may not assume
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
[[Page H3396]]
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) Eligibility.--
(1) Eligible applicants.--The Secretary may make grants
under this section to an applicant that serves an eligible
area and that is--
(A) a metropolitan planning organization;
(B) a unit of local government or a group of local
governments;
(C) a multijurisdictional group of entities described in
subparagraphs (A) and (B);
(D) a special purpose district or public authority with a
transportation function, including a port authority; or
(E) a State that is in partnership with an entity or group
of entities described in subparagraph (A), (B), or (C).
(2) Eligible area.--An eligible area for an eligible entity
under paragraph (1) shall be--
(A) a combined statistical area, as defined by the Office
of Management and Budget, with a population of not less than
1,300,000; or
(B) a metropolitan statistical area that is not part of a
combined statistical area, as defined by the Office of
Management and Budget, that has a population of not less than
750,000.
(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 one or more of the following:
(1) Transportation systems management and operations,
including strategies to improve the operations of high-
occupancy vehicle lanes.
(2) Intelligent transportation systems to improve
connectivity and innovation.
(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, including value capture and transit-oriented
development projects;
(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 utilizing eligible projects.
(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.
(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.
[[Page H3397]]
(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 America 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.
(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 BRIDGES PROGRAM.
(a) Establishment.--The Secretary of Transportation shall
establish a rebuild rural bridges program to improve the
safety and state of good repair of bridges in rural
communities.
(b) Grant Authority.--In carrying out the program
established in subsection (a), the Secretary shall make
grants, on a competitive basis, to eligible applicants in
accordance with this section.
(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 determines appropriate.
(d) Eligible Projects.--The Secretary--
(1) shall provide grants under this section to projects
eligible under title 23, United States Code, including
projects on and off of the Federal-aid highway system, to
inspect, replace, rehabilitate, or preserve--
(A) an off-system bridge;
(B) a bridge on Tribal land; or
(C) a bridge in poor condition located in a rural
community; and
(2) may provide a grant for a bundle of bridges described
in paragraph (1).
(e) Eligible Project Costs.--A recipient of 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;
(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, and construction contingencies; and
(3) bridge inspection, evaluation, and preservation.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a project
carried out using 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.
(g) Considerations.--In making grants under this section,
the Secretary shall consider--
(1) whether the project can be completed without additional
Federal funding or financial assistance available to the
project sponsor, beyond existing Federal apportionments; and
(2) the level of benefits the project is expected to
generate, including--
(A) the costs avoided by the prevention of closure or
reduced use of the asset to be improved by the project;
(B) reductions in maintenance costs over the life of the
asset;
(C) safety benefits, including the reduction of accidents
and related costs; and
(D) benefits to the economy of the rural or Tribal
community.
(h) Investments in Colonias.--
(1) In general.--Of the grants made available under this
section, for fiscal years 2023 through 2026, a total of not
less than $10,000,000 shall be made available to provide
grants that improve the safety, state of good repair, or
connectivity through bridge investments in and providing
access to, colonias.
(2) Colonia defined.--In this section, the term ``colonia''
means any identifiable community that--
(A) is in the State of Arizona, California, New Mexico, or
Texas;
(B) is in the area of the United States within 150 miles of
the border between the United States and Mexico, except that
the term does not include any standard metropolitan
statistical area that has a population exceeding 1,000,000;
(C) is determined to be a colonia on the basis of objective
criteria, including lack of potable water supply, lack of
adequate sewage systems, and lack of decent, safe, and
sanitary housing; and
(D) was in existence as a colonia before November 28, 1990.
(i) 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 of the Senate of the intention to award such
a grant.
(j) Definitions.--In this section:
(1) Eligible applicant.--The term ``eligible applicant''
means--
(A) a State;
(B) a metropolitan planning organization or a regional
transportation planning organization;
(C) a unit of local government;
(D) a Federal land management agency;
(E) an Indian Tribe or Tribal organization;
(F) a territory; and
(G) a multijurisdictional group of entities described in
subparagraph (A) through (F).
(2) Off system bridge.--The term ``off-system bridge'' has
the meaning given such term in section 133(f) of title 23,
United States Code, (as added by this Act).
(3) Rural community.--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
[[Page H3398]]
(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) 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 CONNECTED TRANSPORTATION GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall
establish an active connected transportation grant program to
provide for safe and connected active transportation networks
and active transportation connectors.
(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) an Indian Tribe or Tribal organization;
(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 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 connectors; and
(C) planning related to the development of--
(i) active transportation networks;
(ii) active transportation connectors; and
(iii) vision zero plans or complete streets prioritization
plans under section 1601; 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)(2),
a total cost of not less than $100,000.
(f) Use of Funds.--
(1) In general.--Of the amounts made available to carry out
this section for fiscal years 2023 through 2026 and except as
provided in paragraph (2), the Secretary shall obligate--
(A) not less than 30 percent to eligible projects that
construct active transportation networks; and
(B) not less than 30 percent to eligible projects that
construct active transportation connectors.
(2) Planning grants.--Of the amounts made available to
carry out this section for fiscal years 2023 through 2026,
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 active transportation, including walking
and bicycling, including through the creation of--
(A) active transportation networks connecting destinations
within or between communities, including between schools,
workplaces, residences, businesses, recreation areas, and
other community areas; and
(B) active transportation connectors connecting 2 or more
communities, metropolitan areas, or States, including
greenway paths;
(2) an applicant has adequately considered or will
consider, including through the opportunity 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) Definitions.--In this section:
(1) Active transportation network.--The term ``active
transportation network'' means facilities built for
alternative methods of transportation to motor vehicles for
individuals, including sidewalks, bikeways, and pedestrian
and bicycle trails, that connect destinations within an area
covered by a unit of local government, a county, a community,
including a community on Federal lands, or a metropolitan
area.
(2) Active transportation connector.--The term ``active
transportation connector'' means facilities built for
alternative methods of transportation to motor vehicles for
individuals, including sidewalks, bikeways, and pedestrian
and bicycle trails, that connect 2 or more active
transportation networks or connect communities, areas covered
by a unit of local government, counties, metropolitan areas,
Federal lands, or States.
(3) Greenway path.--The term ``greenway path'' means an
active transportation connector that--
(A) crosses jurisdictional boundaries, including State
lines, and provides for connectivity between multiple
communities, counties, metropolitan areas, or States; or
[[Page H3399]]
(B) is a component of a regionally or nationally
significant network.
(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.
SEC. 1310. WILDLIFE CROSSINGS PROGRAM.
(a) Establishment.--The Secretary shall establish a
competitive wildlife crossings grant program (referred to in
this section as the ``program'') to provide grants for
projects that seek to achieve--
(1) a reduction in the number of wildlife-vehicle
collisions; and
(2) improved habitat connectivity for terrestrial and
aquatic species.
(b) Eligible Entities.--The Secretary may make grants under
the program to the following entities:
(1) A State.
(2) An Indian Tribe or Tribal organization.
(3) A territory.
(4) A Federal land management agency described in section
203(b) of title 23, United States Code.
(5) A group of entities described in paragraphs (1) through
(4).
(c) Applications.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
(d) Considerations.--In selecting grant recipients under
the program, the Secretary shall consider the following:
(1) Primary criteria.--The extent to which the proposed
project is likely to protect motorists and wildlife by
reducing the number of wildlife-vehicle collisions and
improve habitat connectivity for terrestrial and aquatic
species.
(2) Secondary criteria.--
(A) The resilience benefits of the project.
(B) The extent to which the project incorporates climate
science, including expected changes in migration patterns.
(C) The extent to which the project sponsor has coordinated
with the relevant State agency with jurisdiction over fish
and wildlife, if appropriate.
(D) In the case of a project involving species listed as
threatened species or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), whether the
project sponsor has coordinated with the United States Fish
and Wildlife Service.
(E) Other ecological benefits of the project, including--
(i) reductions in stormwater runoff and other water
pollution; and
(ii) the benefits of improved habitat connectivity for
pollinators and the use of natively appropriate grasses.
(F) Whether the project supports local economic development
and improvement of visitation opportunities.
(G) The extent to which the project incorporates innovative
technologies, including advanced design techniques and other
strategies to enhance efficiency and effectiveness in
reducing wildlife-vehicle collisions and improving habitat
connectivity for terrestrial and aquatic species.
(H) The extent to which the project provides educational
and outreach opportunities.
(I) Whether the project will further research to evaluate,
compare effectiveness of, and identify best practices in
selected projects.
(J) How the benefits compare to the costs of the project.
(K) Any other criteria relevant to reducing the number of
wildlife-vehicle collisions and improving habitat
connectivity for terrestrial and aquatic species, as the
Secretary determines to be appropriate.
(e) 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;
(2) construction (including construction of protective
features), 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; and
(3) planning and technical assistance activities consistent
with section 5107 of title 49, United States Code,
including--
(A) data collection on wildlife-vehicle collisions;
(B) integration of State, Tribal, territorial, regional, or
Federal wildlife conservation plans and data collection with
transportation planning and project selection;
(C) technical assistance, including workforce development
training, on reducing wildlife-vehicle collisions and
improving habitat connectivity for terrestrial and aquatic
species; and
(D) education and public outreach to reduce wildlife-
vehicle collisions.
(f) Partnerships.--
(1) In general.--A grant received under the program may be
used to provide funds to an eligible partner as a
subrecipient, in accordance with the terms of the project
agreement and subject to the requirements of this section.
(2) Eligible partner defined.--In this section, the term
``eligible partner'' means--
(A) an eligible entity described in subsection (b);
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a regional transportation authority;
(E) a special purpose district or public authority with a
transportation function, including a port authority;
(F) a non-profit entity or institution of higher education;
or
(G) a Federal, Tribal, regional, State, or local
governmental entity not described in subsection (b).
(g) Requirements.--
(1) Rural projects.--The Secretary shall reserve not less
than 50 percent of the amounts made available under this
section for projects located in a rural community.
(2) Resilience.--A project under this section shall be
designed to ensure resilience over the anticipated service
life of the asset.
(3) Limitation.--The Secretary may not award more than 10
percent of the amounts made available under this section for
grants that propose only activities described in subsection
(e)(3).
(h) 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 of the Senate of the intention to award such
a grant.
(i) Annual Report.--
(1) In general.--Not later than December 31 of each
calendar year, the Secretary shall publish, on the website of
the Department of Transportation, a report describing the
activities under the program for the fiscal year that ends
during that calendar year.
(2) Contents.--The report under paragraph (1) shall
include--
(A) a detailed description of the activities carried out
under the program;
(B) an evaluation of the effectiveness of the program in
meeting the purposes described in subsection (b); and
(C) policy recommendations, if any, to improve the
effectiveness of the program.
(j) Definitions.--In this section:
(1) Protective features.--The term ``protective features''
has the meaning given such term in section 101 of title 23,
United States Code.
(2) Resilience.--The term ``resilience'' has the meaning
given that term in section 101 of title 23, United States
Code.
(3) Rural community.--The term ``rural community'' means
any area of a State or territory that is not an urbanized
area, as such term is defined in section 101 of title 23,
United States Code.
(4) Secretary.--The term ``Secretary'' 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.
SEC. 1311. RECONNECTING NEIGHBORHOODS PROGRAM.
(a) Establishment.--The Secretary of Transportation shall
establish a reconnecting neighborhoods program under which an
eligible entity may apply for funding in order to identify,
remove, replace, retrofit, or remediate the effects from
eligible facilities and restore or improve connectivity,
mobility, and access in disadvantaged and underserved
communities, including--
(1) studying the feasibility and impacts of removing,
retrofitting, or remediating the effects on community
connectivity from an existing eligible facility;
(2) conducting preliminary engineering and final design
activities for a project to remove, retrofit, or remediate
the effects on community connectivity from an existing
eligible facility;
(3) conducting construction activities necessary to carry
out a project to remove, retrofit, or remediate the effects
on community connectivity from an existing eligible facility;
and
(4) ensuring any activities carried out under this
section--
(A) focus on improvements that will benefit the populations
impacted by or previously displaced by the eligible facility;
and
(B) emphasize equity by garnering community engagement,
avoiding future displacement, and ensuring local
participation in the planning process.
(b) Eligible Entities.--
(1) In general.--The Secretary may award a planning grant
or a capital construction grant to--
(A) a State;
(B) a unit of local government;
(C) an Indian Tribe or Tribal organization;
(D) a territory;
(F) a metropolitan planning organization;
(G) a transit agency;
(H) a special purpose district with a transportation
function; and
(I) a group of entities described in this paragraph.
(2) Partnerships.--An eligible entity may enter into an
agreement with the following entities to carry out the
eligible activities under this section:
(A) A nonprofit organization.
(B) An institution of higher education, as such term is
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001), including historically black colleges and
universities, defined as the term ``Predominantly Black
institution'' is defined in section 371(c) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(c)).
(c) Planning Grants.--
(1) In general.--The Secretary may award grants (referred
to in this section as a ``planning grants'') to carry out
planning activities described in paragraph (2).
(2) Eligible activities described.--The planning activities
referred to in paragraph (1) are--
(A) planning studies to evaluate the feasibility of
removing, retrofitting, or remediating an existing eligible
facility to restore community connectivity, including
evaluations of--
(i) current traffic patterns on the eligible facility
proposed for removal, retrofit, or remediation and the
surrounding street network;
[[Page H3400]]
(ii) the capacity of existing transportation networks to
maintain mobility needs;
(iii) an analysis of alternative roadway designs or other
uses for the right-of-way of the eligible facility, including
an analysis of whether the available right-of-way would
suffice to create an alternative roadway design;
(iv) the effect of the removal, retrofit, or remediation of
the eligible facility on the mobility of freight and people;
(v) the effect of the removal, retrofit, or remediation of
the eligible facility on the safety of the traveling public;
(vi) the cost to remove, retrofit, or remediate the
eligible facility--
(I) to restore community connectivity; and
(II) to convert the eligible facility to a roadway design
or use that increases safety, mobility, and access for all
users, compared to any expected costs for necessary
maintenance or reconstruction of the eligible facility; and
(vii) the environmental impacts of retaining or
reconstructing the eligible facility and the anticipated
effect of the proposed alternative use or roadway design;
(B) public engagement activities to provide opportunities
for public input into a plan to remove, replace, retrofit, or
remediate the effects from an eligible facility, including--
(i) building organizational or community capacity to, and
educating community members on how to, engage in and
contribute to eligible planning activities described in
subsection (c)(2);
(ii) identifying community needs and desires for community
improvements and developing community driven solutions in
carrying out eligible planning activities described in
subsection (c)(2);
(iii) conducting assessments of equity, mobility and
access, environmental justice, affordability, economic
opportunity, health outcomes, and other local goals to be
used in carrying out eligible planning activities described
in subsection (c)(2); and
(iv) forming a community advisory board in accordance with
subsection (d)(7);
(C) other transportation planning activities required in
advance of a project to remove, retrofit, or remediate an
existing eligible facility to restore community connectivity,
as determined by the Secretary;
(D) evaluating land use and zoning changes necessary to
improve equity and maximize transit-oriented development in
connection with project eligible for a capital construction
grant, including activities eligible under section 5327 of
title 49, United States Code; and
(E) establishment of anti-displacement and equitable
neighborhood revitalization strategies in connection with
project eligible for a capital construction grant, including
establishment of a community land trust for land acquisition,
land banking, and equitable transit-oriented development.
(3) Technical assistance.--
(A) In general.--The Secretary may provide technical
assistance described in subparagraph (B) to an eligible
entity.
(B) Technical assistance described.--The technical
assistance referred to in subparagraph (A) is technical
assistance in building organizational or community capacity--
(i) to conduct transportation planning; and
(ii) to identify innovative solutions to challenges posed
by existing eligible facilities, including reconnecting
communities that--
(I) are bifurcated by eligible facilities; or
(II) lack safe, reliable, and affordable transportation
choices.
(4) Selection.--The Secretary shall--
(A) solicit applications for--
(i) planning grants;
(ii) technical assistance under paragraph (3); and
(iii) the activities would benefit populations impacted by
or previously displaced by an eligible facility; and
(B) evaluate applications for a planning grant on the basis
of the demonstration by the applicant that--
(i) the eligible facility--
(I) creates barriers to mobility, access, or economic
development; or
(II) is not justified by current and forecast future travel
demand; and
(ii) on the basis of preliminary assessment into the
feasibility of removing, retrofitting, or remediating the
eligible facility to restore community connectivity, and
increase safety, mobility, and access for all users, further
planning activities are necessary and likely to be
productive.
(5) Award amounts.--A planning grant may not exceed
$2,000,000 for any recipient.
(6) Federal share.--The total Federal share of the cost of
a planning activity for which a planning grant is used may
not exceed 80 percent.
(d) Capital Construction Grants.--
(1) Eligible entities.--The Secretary may award grants
(referred to in this section as a ``capital construction
grants'') to eligible entities to carry out eligible projects
described in paragraph (3).
(2) Partnerships.--In the case that the owner of an
eligible facility that is the subject of the capital
construction grant is not an eligible entity, an eligible
entity shall demonstrate the existence of a partnership with
the owner of the eligible facility.
(3) Eligible projects.--A project eligible to be carried
out with a capital construction grant includes the following:
(A) The removal, retrofit, or remediation of the effects on
community connectivity from of an eligible facility.
(B) The replacement of an eligible facility with a new
facility that--
(i) restores community connectivity;
(ii) employs context sensitive solutions appropriate for
the surrounding community; and
(iii) is otherwise eligible for funding under title 23,
United States Code.
(C) Support for community partnerships, including a
community advisory board described under paragraph (7), in
connection with a capital construction grant awarded under
this subsection.
(D) Other activities required to remove, replace, retrofit,
or remediate an existing eligible facility, as determined by
the Secretary.
(4) Selection.--The Secretary shall--
(A) solicit applications for capital construction grants;
(B) evaluate applications on the basis of--
(i) the degree to which the project will improve mobility
and access through the removal of barriers;
(ii) the appropriateness of removing, retrofitting, or
remediating the effects on community connectivity from the
eligible facility, based on current traffic patterns and the
ability of the project and the regional transportation
network to absorb transportation demand and provide safe
mobility and access;
(iii) the impact of the project on freight movement;
(iv) the results of a cost-benefit analysis of the project;
(v) the extent to which the grantee has plans for inclusive
economic development in place, including the existing land
use and whether the zoning provides for equitable and
transit-oriented development of underutilized land;
(vi) the degree to which the eligible facility is out of
context with the current or planned land use;
(vii) the results of any feasibility study completed for
the project;
(viii) whether the eligible facility is likely to need
replacement or significant reconstruction within the 20-year
period beginning on the date of the submission of the
application;
(ix) whether the project is consistent with the relevant
long-range transportation plan and included in the relevant
statewide transportation improvement program;
(x) whether the project is consistent with, and how the
project would impact, the relevant transportation performance
management targets; and
(xi) the extent to which the project benefits populations
impacted by or previously displaced by the eligible facility;
(C) ensure that the project has conducted sufficient
community engagement, such as the activities described in
subsection (c)(2)(B); and
(D) ensure that the jurisdiction in which the eligible
facility is located has an anti-displacement policy or a
community land trust in place.
(5) Minimum award amounts.--A capital construction grant
shall be in an amount not less than $5,000,000 for each
recipient.
(6) Federal share.--
(A) In general.--Subject to subparagraph (B), the Federal
share of the total cost of a project carried out using a
capital construction grant may not exceed 80 percent.
(B) Maximum federal involvement.--Federal assistance other
than a capital construction grant may be used to satisfy the
non-Federal share of the cost of a project for which the
grant is awarded.
(7) Community advisory board.--
(A) In general.--To help achieve inclusive economic
development benefits with respect to the project for which a
grant is awarded, a grant recipient may form a community
advisory board, which, if formed, shall--
(i) facilitate community engagement with respect to the
project; and
(ii) track progress with respect to commitments of the
grant recipient to inclusive employment, contracting, and
economic development under the project.
(B) Membership.--If a grant recipient forms a community
advisory board under subparagraph (A), the community advisory
board shall be composed of representatives of--
(i) the community, including residents in the immediate
vicinity of the project;
(ii) owners of businesses that serve the community;
(iii) labor organizations that represent workers that serve
the community;
(iv) State and local government; and
(v) private and non-profit organizations that represent
local community development.
(C) Diversity.--The community advisory board shall be
representative of the community served by the project.
(e) Priorities.--In selecting recipients of planning
grants, capital construction grants, and technical assistance
under this section, the Secretary shall give priority to--
(1) an application from a community that is economically
disadvantaged, including an environmental justice community,
an underserved community, or a community located in an area
of persistent poverty (as such term is defined in section 101
of title 23, United States Code); and
(2) an eligible entity that has--
(A) entered into a community benefits agreement with
representatives of the community or formed a community
advisory board under paragraph (7) of subsection (d);
(B) demonstrated a plan for employing residents in the area
impacted by the activity or project through targeted hiring
programs; and
(C) demonstrated a plan for improving transportation system
access.
(f) Administrative Expenses.--Of amounts made available to
carry out this section, the Secretary may set aside not more
than $5,000,000 in each fiscal year for the costs of
administering the program under this section.
(g) Technical Assistance.--Of amounts made available to
carry out this section, the Secretary may set aside not more
than $5,000,000 in each fiscal year to provide technical
assistance to eligible entities under subsection (c)(3).
(h) Report.--Not 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 that--
[[Page H3401]]
(1) identifies and creates an online mapping tool showing
any examples of potential projects to remove eligible
facilities, and assesses the potential impacts of carrying
out such projects; and
(2) assesses projects funded under subsection (d) to
provide best practices.
(i) Definitions.--In this section:
(1) Anti-displacement policy.--The term ``anti-displacement
policy'' means a policy that limits the displacement of low-
income, disadvantaged, and underserved communities from
neighborhoods due to new investments in housing, businesses,
and infrastructure.
(2) Community land trust.--The term ``community land
trust'' means a nonprofit organization established or with
the responsibility, as applicable--
(A) to develop the real estate created by the removal or
capping of an eligible facility; and
(B) to carry out anti-displacement or community development
strategies, including--
(i) affordable housing preservation and development;
(ii) homeownership and property improvement programs;
(iii) the development or rehabilitation of park space or
recreation facilities; and
(iv) community revitalization and economic development
projects.
(3) Eligible facility.--
(A) In general.--The term ``eligible facility'' means a
highway or other transportation facility that creates a
barrier to community connectivity, including barriers to
mobility, access, or economic development, due to high
speeds, grade separations, or other design factors.
(B) Inclusions.--In this section, the term ``eligible
facility'' may include--
(i) a limited access highway;
(ii) a railway;
(iii) a viaduct;
(iv) a principal arterial facility; or
(v) any other transportation facility for which the high
speeds, grade separation, or other design factors create an
obstacle to connectivity.
SEC. 1312. APPRENTICESHIP UTILIZATION.
(a) In General.--
(1) Certification requirement.--To receive a grant under
sections 117 and 173 of title 23, United States Code, and
section 1311 of this Act, each applicant shall include in a
grant application a certification that such applicant will
ensure that any contractor or subcontractor utilized in
carrying out activities with such grant--
(A) meets or exceeds the apprenticeship employment goal;
and
(B) to the extent practicable, employs qualified
apprentices from traditionally underrepresented populations,
including women and minorities, in meeting or exceeding such
goal.
(2) Exceptions.--The Secretary may adjust the requirements
of this section if the grant applicant--
(A) demonstrates a lack of availability of qualified
apprentices in a specific geographic area; or
(B) makes a good faith effort to comply with the
requirements of this section.
(b) Regulations.--The Secretary shall have the authority to
issue such regulations or other guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the requirements of this section,
including reporting requirements for applicants awarded a
grant.
(c) Report to Congress.--Not later than 3 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 on the utilization of
qualified apprentices for projects carried out under sections
117 and 173 of title 23, United States Code, and section 1311
of this Act, that includes--
(1) the total number of labor hours fulfilled by qualified
apprentices;
(2) the total number of qualified apprentices employed;
(3) the total number of grant recipients that met or
exceeded the apprenticeship employment goal; and
(4) best practices utilized by grant recipients that met or
exceeded the apprenticeship employment goal.
(d) Public Transparency.--At the end of each fiscal year,
the Secretary shall make available on a public website
information on the utilization of qualified apprentices in
the preceding fiscal year for each grant program under
sections 117 and 173 of title 23, United States Code, and
section 1311 of this Act, including--
(1) the total number of grant applicants that certified
they would be able to meet or exceed the apprenticeship
employment goal under subsection (a); and
(2) the total number of grants awarded for which applicants
certified they would be able to meet or exceed the
apprenticeship employment goal.
(e) Definitions.--In this section:
(1) Apprenticeship employment goal.--The term
``apprenticeship employment goal'' means the utilization of
qualified apprentices for not less than 15 percent of the
total labor hours used for construction activities for a
project.
(2) Qualified apprentice.--The term ``qualified
apprentice'' means an employee participating in an
apprenticeship program that--
(A) is registered with the Office of Apprenticeship of the
Employment Training Administration of the Department of Labor
or a State apprenticeship agency recognized by such Office of
Apprenticeship pursuant to the Act of August 16, 1937 (29
U.S.C. 50 et seq.; commonly known as the ``National
Apprenticeship Act''); and
(B) satisfies the requirements of subpart A of part 29 and
part 30 of title 29, Code of Federal Regulations.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
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) Equitable and proportional representation.--
``(i) In general.--In designating officials or
representatives under paragraph (2), the metropolitan
planning organization shall ensure 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 ``paragraph (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 one 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) support 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.'';
[[Page H3402]]
(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'';
(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) in paragraph (1) by inserting ``or elimination'' after
``significant reduction'';
(B) by redesignating paragraph (7) as paragraph (8); and
(C) 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--
[[Page H3403]]
``(A) carbon dioxide emissions per capita on public roads;
``(B) carbon dioxide emissions using different parameters
than described in subparagraph (A) that the Secretary
determines to be appropriate; and
``(C) any other greenhouse gas emissions 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; Title 23.--
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'';
(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 anticipated effect of 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) makes progress
towards improving 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;
Title 23.--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 the anticipated effect of the STIP
on the overall level of transportation system access,
consistent with section 150(f).''.
(d) Metropolitan Transportation Planning; Title 49.--
Section 5303 of title 49, United States Code, is amended--
(1) in subsection (j)(2)(D)--
(A) by striking ``Performance target achievement'' and
inserting ``Performance management'';
(B) by striking ``The transportation improvement plan'' 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 anticipated effect of the
TIP would improve the overall level of transportation system
access, consistent with section 150(f) of title 23.'';
(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) 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) makes progress
towards improving the level of transportation system access,
consistent with section 150(f) of title 23.''; and
(3) 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.''.
(e) Statewide and Nonmetropolitan Transportation Planning;
Title 49.--Section 5304(g)(4) of title 49, United States
Code, is amended--
(1) by striking ``Performance target achievement'' 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'';
(4) by striking ``statewide transportation improvement
program'' and inserting ``STIP'' each place it appears; and
(5) by adding at the end the following:
``(B) a consideration of the anticipated effect of the STIP
on the overall level of transportation system access,
consistent with section 150(f) of title 23.''.
(f) Savings Clause.--
(1) Regressive targets.--The prohibition in the amendment
made by subsection (a)(3)(B) shall apply to States beginning
on the date that is 1 year before the subsequent State target
and reporting deadlines related to safety performance
management established pursuant to section 150 of title 23,
United States Code.
(2) Access planning requirements.--The requirements in the
amendments made by subsections (b), (c), (d), and (e) shall
apply beginning on the date on which the requirements for the
measure described in section 150(f) of title 23, United
States Code, take effect.
(g) 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
[[Page H3404]]
150(c) of title 23, United States Code, as added by this Act.
(h) 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.
(i) 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.
(j) 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, and make
recommendations for developing and utilizing transportation
and traffic demand models with a demonstrated record of
accuracy.
(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), including an analysis of the level of
accuracy of forecasts and possible reasons for large
discrepancies; 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.
(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.
(5) Working with affected communities.--In carrying out
this section, the Secretary shall consult with, and collect
data and input from, representatives of--
(A) the Department of Transportation;
(B) State departments of transportation;
(C) metropolitan planning organizations;
(D) local governments;
(E) providers of public transportation;
(F) nonprofit entities related to transportation, including
safety, cycling, disability, and equity groups; and
(G) any other stakeholders, as determined by the Secretary.
(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.
(d) Update Guidance and Regulations.--The Secretary shall--
(1) update Department of Transportation guidance and
procedures to utilize best practices documented throughout
the Federal program; and
(2) ensure that best practices included in the report are
incorporated into appropriate regulations as such regulations
are updated.
(e) Continuing Improvement.--The Secretary shall set out a
process to repeat the study under this section every 2 years
as part of the conditions and performance report, including--
(1) progress in the accuracy of model projections;
(2) further recommendations for improvement; and
(3) further changes to guidance, regulation, and procedures
required for the Department of Transportation to adopt best
practices.
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.
(a) In General.--Section 165 of title 23, United States
Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Annual Allocation.--For the Puerto Rico and
territorial highway program, there shall be made available--
``(1) $340,000,000 for the Puerto Rico highway program
under subsection (b) for each of fiscal years 2023 through
2026; and
``(2) for the territorial highway program under subsection
(c)--
``(A) an amount equivalent to 0.002 of the amount made
available under section 1101(a)(1)(A) of the INVEST in
America Act for fiscal year 2023;
``(B) an amount equivalent to 0.002 of the amount made
available under section
[[Page H3405]]
1101(a)(1)(B) of the INVEST in America Act for fiscal year
2024;
``(C) an amount equivalent to 0.002 of the amount made
available under section 1101(a)(1)(C) of the INVEST in
America Act for fiscal year 2025; and
``(D) an amount equivalent to 0.002 of the amount made
available under section 1101(a)(1)(D) of the INVEST in
America Act for fiscal year 2026.'';
(2) in subsection (b)(2) by adding at the end the
following:
``(D) Transferability.--Of the amounts described in clauses
(i) and (ii) of subparagraph (C) for the Puerto Rico highway
program, Puerto Rico may transfer not to exceed 50 percent in
a fiscal year of such amounts for activities described in
clause (iii) of such subparagraph.''.
(3) in subsection (c)(6)(A)--
(A) by redesignating clauses (iv), (v), (vi), and (vii) as
clauses (v), (vi), (vii), and (viii), respectively; and
(B) by inserting after clause (iii) the following:
``(iv) Ferry boats and terminal facilities that are
privately or majority privately owned, in accordance with
paragraphs (1), (2), (4), (5), (6), and (7) of section
129(c), that provide a substantial public benefit.''; and
(4) 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.''.
(b) 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. 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, including the Army Corps of
Engineers, Bureau of Reclamation, and the Bureau of Land
Management.
``(ii) High-commuter corridor.--The term `high-commuter
corridor' means a Federal lands transportation facility that
has an 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 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;
``(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--
[[Page H3406]]
``(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;
``(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; and
``(F) ensure that Department programs have in place,
implement, and enforce requirements and obligations for
regular and meaningful consultation and collaboration with
Tribes and Tribal officials under Executive Order No. 13175
and to serve as the primary advisor to the Secretary and
other Department components regarding violations of those
requirements.''.
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 H3407]]
(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).
SEC. 1511. FEDERAL LANDS ACCESS PROGRAM.
(a) In general.--Section 204(a) of title 23, United States
Code, is amended--
(1) in paragraph (1)(A)--
(A) in the matter preceding clause (i), by inserting
``context-sensitive solutions,'' after ``restoration,'';
(B) in clause (i), by inserting ``, including interpretive
panels in or adjacent to those areas'' after ``areas'';
(C) in clause (v), by striking ``and'' at the end;
(D) by redesignating clause (vi) as clause (ix); and
(E) by inserting after clause (v) the following:
``(vi) contextual wayfinding markers;
``(vii) landscaping;
``(viii) cooperative mitigation of visual blight, including
screening or removal; and''; and
(2) by adding at the end the following:
``(6) Native plant materials.--In carrying out an activity
described in paragraph (1), the Secretary shall ensure that
the entity carrying out the activity considers--
``(A) the use of locally adapted native plant materials;
and
``(B) designs that minimize runoff and heat generation.''.
(b) Federal Share.--Section 201(b)(7)(B) of title 23,
United States Code, is amended by striking ``determined in
accordance with section 120'', and inserting ``up to 100
percent''.
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--
(1) to carry out vision zero planning under this section or
a vulnerable road user safety assessment; and
(2) to implement an existing vision zero plan.
(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.
(g) Guidance on Safe System Approach.--The Secretary of
Transportation shall develop guidance on the consideration of
a safe system approach in project planning, scoping, and
design to facilitate the implementation of vision zero plans
under this section and vulnerable road user assessments under
section 148 of title 23, United States Code.
(h) Definitions.--In this section, the terms ``safe system
approach'' and ``vulnerable road user safety assessment''
have the meanings given such terms in section 148 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. DIG ONCE FOR 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,
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 funded under title 23, United States Code, and
administered by a State department of transportation to
construct a new highway or an additional lane for an existing
highway, to reconstruct an existing highway, or new
construction, including construction of 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;
(iii) that is less than a mile in length; or
(iv) that is--
(I) a project primarily for resurfacing, restoration,
rehabilitation, or maintenance;
(II) a bicycle, pedestrian, transportation alternatives,
sidewalk, recreational trails, or safe routes to school
project;
(III) an operational improvement (as such term is defined
in section 101 of title 23, United States Code);
(IV) a project primarily to install signage; or
(V) a culvert project.
(7) Dig once requirement.--The term ``dig once
requirement'' means a requirement designed to reduce the cost
and accelerate the deployment of 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 such State.
(b) Dig Once Requirement.--Not later than 12 months after
the date of enactment of this Act, to facilitate the
installation of broadband infrastructure, the Secretary shall
issue such regulations as may be necessary to ensure that
[[Page H3408]]
each State that receives funds under chapter 1 of title 23,
United States Code, complies with the following provisions:
(1) Broadband planning and notice.--The State department of
transportation, in consultation with appropriate State
agencies, shall--
(A) review existing State broadband plans, including
existing dig once requirements of the State, municipal
governments incorporated under State law, and Indian tribes
within the State, to determine opportunities to coordinate
covered highway construction projects occurring within or
across highway rights-of-way with planned broadband
infrastructure projects;
(B) 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
(C) 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 covered highway construction projects within the
highway right-of-way for which Federal funding is expected to
be obligated in the subsequent fiscal year.
(2) Coordination and compliance.--
(A) Mobile now act.--A State department of transportation
shall be considered to meet the requirements of subparagraphs
(B) and (C) of paragraph (1) if such State department of
transportation has been determined to be in compliance with
the requirements established under section 607 of division P
of the Consolidated Appropriations Act, 2018 (47 U.S.C.
1504).
(B) Website.--A State department of transportation shall be
considered to meet the requirements of paragraph (1)(C) if
the State publishes on a public website--
(i) the State transportation improvement program on at
least an annual basis; and
(ii) covered highway construction 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 by
rule or regulation establish a process for a broadband
provider to commit to installing broadband conduit or
broadband infrastructure as part of any covered highway
construction project.
(D) Appropriate state agency.--In lieu of the State
department of transportation, at the discretion of the State,
an appropriate State agency, in consultation with the State
department of transportation, may carry out the requirements
of paragraph (1).
(3) Required installation of broadband 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 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.--In installing broadband
conduit or broadband infrastructure as part of a covered
highway construction project, the State department of
transportation shall ensure that--
(i) installation pursuant to this paragraph of broadband
conduit, broadband infrastructure, and means or points of
access to such conduit or infrastructure (such as poles, hand
holes, manholes, pull tape, or ducts) shall provide for the
current and future safe operation of the traveled way, is
consistent with part 645 of title 23, Code of Federal
Regulations, and any accommodation policies of the State
under such part to reasonably enable deployment of such
conduit, infrastructure, and means or points of access, and
any Damage Prevention and Underground Facilities Protection
or related requirements of the State;
(ii) an appropriate number of broadband conduits, as
determined in consultation with the appropriate State
agencies, are installed along the right-of-way of a covered
highway construction project to accommodate multiple
broadband providers, with consideration given to the
availability of existing broadband conduits;
(iii) the size of each broadband conduit is consistent with
industry best practices, consistent with the requirements of
part 645 of title 23, Code of Federal Regulations, and
sufficient to accommodate anticipated demand, as determined
in consultation with the appropriate State agencies;
(iv) any 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) the
requirements of part 645 of title 23, Code of Federal
Regulations, and other applicable safety requirements;
(v) 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 the requirements of part 645 of title 23, Code
of Federal Regulations;
(vi) broadband conduit 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; and
(vii) installation of broadband conduit shall not preclude
the installation of other specific socially, environmentally,
or economically beneficial uses of the right-of-way, such as
planned energy transmission or renewable energy generation
projects.
(C) Programmatic review.--The State department of
transportation may make determinations on the implementation
of the requirements described in subparagraph (B) on a
programmatic basis.
(D) Access.--
(i) In general.--The State department of transportation
shall ensure that any requesting broadband provider has
access to each broadband conduit installed by the State
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) Socially beneficial use.--The installation of
broadband conduit as part of a covered highway construction
project shall be considered a socially-beneficial use of the
right-of-way under section 156(b) of title 23, United States
Code.
(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.
(iv) Safety considerations.--The State department of
transportation shall provide for a process for a broadband
provider to safely access to the highway right-of-way during
installation and on-going maintenance of the broadband
conduit and broadband infrastructure, 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 installed by a State
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 department of
transportation--
(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) installation of terrestrial or aerial broadband fiber
cables associated with the covered highway construction
project is more appropriate for the context or a more cost-
effective means to facilitate broadband service to an area
not adequately served by broadband and such installation is
present or planned;
(III) the installation of broadband conduit increases
overall costs of a covered highway construction project by
1.5 percent or greater;
(IV) the installation of broadband conduit associated with
the covered highway construction project is not reasonably
expected to be utilized or connected to future broadband
infrastructure in the 20 years following the date on which
such determination is made, as determined by the State
department of transportation, in consultation with
appropriate State agencies and potentially affected local
governments and Indian tribes;
(V) the requirements of this paragraph would require
installation of conduit redundant with a dig once requirement
of a local government or Indian tribe;
(VI) there exists a circumstance involving force majeure;
or
(VII) the installation of conduit is not appropriate based
on other relevant factors established by the Secretary in
consultation with the NTIA Administrator through regulation.
(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.--Notification of a waiver
authorized under this subparagraph shall be made publicly
available, such as on a public website of the State
department of transportation described in paragraph (2)(B).
(iv) Waiver determination.--
(I) In general.--The State department of transportation
shall be responsible for the waiver determination described
under this paragraph, consistent with the regulation issued
pursuant to this subsection, and may grant a programmatic
waiver for categories of projects excluded under this
subparagraph.
(II) No private cause of action.--The waiver determination
described under this paragraph shall be final and conclusive.
Nothing in this section shall provide a private right or
cause of action to challenge such determination in any court
of law.
(4) Priority.--If a State provides for the installation of
broadband infrastructure or broadband conduit in the right-
of-way of a covered highway construction project, the State
department of transportation, along with appropriate State
agencies, shall carry out appropriate measures to ensure that
an existing broadband provider is afforded access that is
non-discriminatory, competitively neutral, and equal in
opportunity, as compared to other broadband providers, with
respect to the program under this subsection.
(c) Guidance for the Installation of Broadband Conduit.--
The Secretary, in consultation with the NTIA Administrator,
shall
[[Page H3409]]
issue guidance for best practices related to the installation
of broadband conduit as described in subsection (b)(2) 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 subsection (b)(2).
(d) Consultation.--
(1) In general.--In issuing regulations required by this
subsection or to implement any part of this section, the
Secretary shall consult--
(A) the NTIA Administrator;
(B) the Federal Communications Commission;
(C) State departments of transportation;
(D) appropriate State agencies;
(E) agencies of local governments responsible for
transportation and rights-of-way, utilities, and
telecommunications and broadband;
(F) Indian tribes;
(G) broadband providers; and
(H) manufacturers of optical fiber, conduit, pull tape, and
related items.
(2) Broadband users.--The Secretary shall ensure that the
entities consulted under subparagraphs (C) through (F) of
paragraph (1) include entities that have expertise with rural
areas and populations with limited access to broadband
infrastructure.
(3) Broadband providers.--The Secretary shall ensure that
the entities consulted under subparagraph (G) of paragraph
(1) include entities that provide broadband to rural areas
and populations with limited access to broadband
infrastructure.
(4) Consulting small municipalities.--The Secretary shall
ensure that the agencies of local governments consulted under
subparagraph (E) of paragraph (1) include rural areas,
specifically agencies of local governments with populations
less than 50,000.
(e) Oversight.--
(1) In general.--The Secretary shall periodically review
compliance with the regulations issued pursuant to this
section and ensure that State waiver determinations are
consistent with such regulations.
(2) Efficient review.--The review described under paragraph
(1) may be carried out through the risk-based stewardship and
oversight program described under section 106(g) of title 23,
United States Code.
(3) Effect of subsection.--Nothing in this subsection shall
affect or discharge any oversight responsibility of the
Secretary specifically provided for under title 23, United
States Code, or any other Federal law.
(f) Additional Provisions.--
(1) Applicability.--
(A) In general.--The portion of the regulation issued
pursuant to subsection (b) relating to the provisions under
paragraph (3) of such subsection shall not take effect until
a source of dedicated funding for the installation and long
term maintenance of broadband conduit described in subsection
(g)(2) is established.
(B) Applicability date.--Paragraphs (2) through (4) of
subsection (b) and subsection (d) shall apply only to covered
highway construction projects for which Federal obligations
or expenditures are initially approved on or after the date
on which regulations required under this subsection take
effect.
(2) 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 for such
installation, such as any property right or 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).
(3) Relation to state dig once requirements.--Nothing in
subsections (b), (c), (d), or (e) or any regulations issued
pursuant to 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 subsections
(b), (c), (d), or (e) and any regulations promulgated under
subsection (b).
(g) Dig Once Funding Task Force.--
(1) Establishment.--The Secretary and the NTIA
Administrator shall jointly establish 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,
administering, and maintaining a nationwide dig once
requirement;
(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 and local governments and Indian tribes; and
(III) broadband providers installing broadband conduit or
broadband infrastructure under this section;
(ii) consideration of the role of existing dig once
requirements on States, local governments, and Indian tribes
and the role of private broadband investment, with a goal to
not discourage or disincentivize such dig once requirements
or such investment; and
(iii) evaluating the appropriate entity or entities
responsible for maintaining the broadband infrastructure and
conduit installed pursuant to a dig once requirement; and
(C) propose a cost-based model fee schedule for a State to
charge a broadband provider to access and use conduit
installed by such State pursuant to this section that--
(i) shall consider costs (including administrative costs)
associated with installation and long-term maintenance of the
broadband conduit installed pursuant to this section;
(ii) may vary by topography, location, type of road,
rurality, and other factors; and
(iii) may consider financial and market incentives for
expanding broadband infrastructure.
(3) Reports.--
(A) Interim report and briefing.--Not later than 9 months
after the appointment of Members to the Task Force under
paragraph (4)(D), the Task Force shall--
(i) submit to Congress an interim report on the findings of
the Task Force; and
(ii) provide briefings for Congress on the findings of the
Task Force.
(B) Final report.--Not later than 3 months after the
submission of the interim report under subparagraph (A), the
Task Force shall submit to Congress a final report on the
findings of the Task Force.
(4) Members.--
(A) Appointments.--The Task Force shall consist of 14
members, comprising--
(i) 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--
(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 the designees of the
Secretary and NTIA Administrator.
(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 an Indian tribe;
(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) Terms.--Members shall be appointed for the life of the
Task Force. A vacancy in the Task Force shall not affect the
powers of the Task Force and the vacancy 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) Indian tribes;
(E) broadband providers and other telecommunications
providers;
(F) labor unions; and
(G) State or local broadband providers and Indian tribes
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 the homes or regular places of
business of such members 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 that
the co-chairpersons consider appropriate, with the consent of
the head of the Federal agency, and such detailees shall
retain the rights, status, and privileges of the regular
employment of such detailees 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 submission of the final report required
under paragraph (3)(B).
SEC. 1604. STORMWATER BEST MANAGEMENT PRACTICES.
(a) Study.--
[[Page H3410]]
(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. 1605. 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 under the authority of section
502(b)(3) of the Rehabilitation Act of 1973 (29 U.S.C.
792(b)(3)), shall publish final accessibility guidelines
setting forth minimum standards for pedestrian facilities in
the public right-of-way, including shared use paths.
(b) 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. 1606. 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) Inclusion of the Commonwealth of Puerto Rico in the
apportionment under subsections (b) and (c) of section 104 of
such title, including an estimate of the anticipated
contributions to the Highway Trust Fund from the citizens of
Puerto Rico if Puerto Rico was subject to applicable highway
user fees.
(F) A needs-based assessment of the share of Federal-aid
highway funds that should be made available to the
territories described under section 165(c) of such title.
(G) 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.
(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. 1607. 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 2023 through 2026''; and
(B) by striking ``$3,500,000'' and inserting
``$4,000,000'';
[[Page H3411]]
(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. 1608. 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. 1609. 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 one 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. 1610. 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 Tribe or Tribal organization, 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 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. 1611. 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. 1612. 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;
[[Page H3412]]
``(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. 1613. 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 one representative of each of the following:
(A) State departments of transportation.
(B) State agencies associated with covered resources
protection.
(C) State planning and geologic survey and mapping
agencies.
(D) Commercial motor vehicle operators, including small
business operators and operators who transport covered
resources.
(E) Covered resources producers.
(F) Construction contractors.
(G) Labor organizations.
(H) Metropolitan planning organizations and regional
planning organizations.
(I) Indian Tribes.
(J) Professional surveying, mapping, and geospatial
organizations.
(K) 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 and local transportation planning agencies;
(3) Indian Tribes;
(4) other relevant State, Tribal, and local agencies,
including State agencies associated with covered resources
protection;
(5) members of the public with industry experience with
respect to covered resources;
(6) other Federal entities that provide funding for
transportation projects; and
(7) 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) Indian tribes.--The term ``Indian Tribes'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory or
possession of the United States.
SEC. 1614. 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. 1615. 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. 1616. 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
(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. 1617. 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
[[Page H3413]]
(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. 1618. 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 seek to
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.
(7) Labor and workforce needs to implement climate-
resilient transportation infrastructure projects including
new and emerging skills, training programs, competencies and
recognized postsecondary credentials that may be required to
adequately equip the workforce.
(8) Outlining how Federal infrastructure planning, design,
engineering, construction, operation, and maintenance impact
the environment and public health of disproportionately
exposed communities. For purposes of this paragraph, the term
``disproportionately exposed communities'' means a community
in which climate change, pollution, or environmental
destruction have exacerbated systemic racial, regional,
social, environmental, and economic injustices by
disproportionately affecting indigenous peoples, communities
of color, migrant communities, deindustrialized communities,
depopulated rural communities, the poor, low-income workers,
women, the elderly, people experiencing homelessness, people
with disabilities, people who are incarcerated, or youth.
(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 Indian Tribes 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;
(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; and
(9) the occupations, skillsets, training programs,
competencies and recognized postsecondary credentials that
will be needed to implement such climate-resilient
transportation infrastructure projects, and how to ensure
that any new jobs created by such projects ensure that
priority hiring considerations are given to individuals
facing barriers to employment, communities of color, low-
income communities and Indian Tribes that face a
disproportionate risk from climate change and have been
excluded from job opportunities.
(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 and local governments and
Indian Tribes;
(I) representatives of environmental justice groups; and
(J) representatives of labor unions that represent key
trades and industries involved in infrastructure projects.
(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. 1619. 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. 1620. 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 and local
governments and Indian Tribes regarding the design,
construction, maintenance, retrofit, 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 the effects of hydrostatic and hydrodynamic
forces on viability, including recommendations regarding
appropriate drainage structures or other flood prevention
mechanisms to manage stormwater, runoff, and the effect of
storm surge;
(ii) withstand the risks that flammability poses to
viability;
(iii) improve durability, strength (including the ability
to withstand tensile stresses and compressive stresses), and
sustainability; and
(iv) 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.
[[Page H3414]]
(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.--
(1) In general.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, shall study the
vulnerability of evacuation routes that are part of the
national highway system to the risks of extreme weather,
including flooding and storm surge.
(2) Contents.--In conducting the study under paragraph (1),
the Administrator shall examine--
(A) the likelihood of Federal evacuation routes flooding
during a 100-year, 500-year, and 1000-year weather event;
(B) whether Federal evacuation routes that have
historically flooded have recovered quickly from extreme
weather events;
(C) the availability of alternative evacuation routes to
accommodate the flow of evacuees in the event of an
evacuation route becoming impassable due to flooding; and
(D) the impact of impassable evacuation routes on
vulnerable individuals, with consideration of the return of
evacuees after an extreme weather event, including--
(i) individuals with a physical or mental disability;
(ii) individuals in schools, daycare centers, mobile home
parks, prisons, nursing homes, and other long-term care
facilities and detention centers;
(iii) individuals with limited proficiency in English;
(iv) the elderly; and
(v) individuals who are tourists, seasonal workers, or
homeless.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator 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
study and the results of such study, including identifying
which segments of Federal evacuation routes are most
vulnerable to becoming impassable due to flooding.
SEC. 1621. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY
SYSTEM.
(a) Identification.--
(1) Central texas corridor.--Section 1105(c)(84) of the
Intermodal Surface Transportation Efficiency Act of 1991 is
amended to read as follows:
``(84) The Central Texas Corridor, including the route--
``(A) commencing in the vicinity of Texas Highway 338 in
Odessa, Texas, running eastward generally following
Interstate Route 20, connecting to Texas Highway 158 in the
vicinity of Midland, Texas, then following Texas Highway 158
eastward to United States Route 87 and then following United
States Route 87 southeastward, passing in the vicinity of San
Angelo, Texas, and connecting to United States Route 190 in
the vicinity of Brady, Texas;
``(B) commencing at the intersection of Interstate Route 10
and United States Route 190 in Pecos County, Texas, and
following United States Route 190 to Brady, Texas;
``(C) following portions of United States Route 190
eastward, passing in the vicinity of Fort Hood, Killeen,
Belton, Temple, Bryan, College Station, Huntsville,
Livingston, Woodville, and Jasper, to the logical terminus of
Texas Highway 63 at the Sabine River Bridge at Burrs Crossing
and including a loop generally encircling Bryan/College
Station, Texas;
``(D) following United States Route 83 southward from the
vicinity of Eden, Texas, to a logical connection to
Interstate Route 10 at Junction, Texas;
``(E) following United States Route 69 from Interstate
Route 10 in Beaumont, Texas, north to United States Route 190
in the vicinity of Woodville, Texas;
``(F) following United States Route 96 from Interstate
Route 10 in Beaumont, Texas, north to United States Route 190
in the vicinity of Jasper, Texas; and
``(G) following United States Route 190, State Highway 305,
and United States Route 385 from Interstate Route 10 in Pecos
County, Texas to Interstate 20 at Odessa, Texas.''.
(2) Central louisiana corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 is
amended by adding at the end the following:
``(92) The Central Louisiana Corridor commencing at the
logical terminus of Louisiana Highway 8 at the Sabine River
Bridge at Burrs Crossing and generally following portions of
Louisiana Highway 8 to Leesville, Louisiana, and then
eastward on Louisiana Highway 28, passing in the vicinity of
Alexandria, Pineville, Walters, and Archie, to the logical
terminus of United States Route 84 at the Mississippi River
Bridge at Vidalia, Louisiana.''.
(3) Central mississippi corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(93) The Central Mississippi Corridor, including the
route--
``(A) commencing at the logical terminus of United States
Route 84 at the Mississippi River and then generally
following portions of United States Route 84 passing in the
vicinity of Natchez, Brookhaven, Monticello, Prentiss, and
Collins, to Interstate 59 in the vicinity of Laurel,
Mississippi, and continuing on Interstate Route 59 north to
Interstate Route 20 and on Interstate Route 20 to the
Mississippi-Alabama State Border; and
``(B) commencing in the vicinity of Laurel, Mississippi,
running south on Interstate Route 59 to United States Route
98 in the vicinity of Hattiesburg, connecting to United
States Route 49 south then following United States Route 49
south to Interstate Route 10 in the vicinity of Gulfport and
following Mississippi Route 601 southerly terminating near
the Mississippi State Port at Gulfport.''.
(4) Middle alabama corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(94) The Middle Alabama Corridor including the route--
``(A) beginning at the Alabama-Mississippi Border generally
following portions of I-20 until following a new interstate
extension paralleling United States Highway 80 specifically:
``(B) crossing Alabama Route 28 near Coatopa, Alabama,
traveling eastward crossing United States Highway 43 and
Alabama Route 69 near Selma, Alabama, traveling eastwards
closely paralleling United States Highway 80 to the south
crossing over Alabama Routes 22, 41, and 21, until its
intersection with I-65 near Hope Hull, Alabama;
``(C) continuing east along the proposed Montgomery Outer
Loop south of Montgomery, Alabama where it would next join
with I-85 east of Montgomery, Alabama;
``(D) continuing along I-85 east bound until its
intersection with United States Highway 280 near Opelika,
Alabama or United States Highway 80 near Tuskegee, Alabama;
and
``(E) generally following the most expedient route until
intersecting with existing United States Highway 80 (JR Allen
Parkway) through Phenix City until continuing into Columbus,
Georgia.''.
(5) Middle georgia corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(95) The Middle Georgia Corridor including the route--
``(A) beginning at the Alabama-Georgia Border generally
following the Fall Line Freeway from Columbus Georgia to
Augusta, Georgia specifically:
``(B) travelling along United States Route 80 (JR Allen
Parkway) through Columbus, Georgia and near Fort Benning,
Georgia, east to Talbot County, Georgia where it would follow
Georgia Route 96, then commencing on Georgia Route 49C (Fort
Valley Bypass) to Georgia Route 49 (Peach Parkway) to its
intersection with Interstate route 75 in Byron, Georgia;
``(C) continuing north along Interstate Route 75 through
Warner Robins and Macon, Georgia where it would meet
Interstate Route 16. Following Interstate 16 east it would
next join United States Route 80 and then onto State Route
57; and
``(D) commencing with State Route 57 which turns into State
Route 24 near Milledgeville, Georgia would then bypass Wrens,
Georgia with a newly constructed bypass. After the bypass it
would join United States Route 1 near Fort Gordon into
Augusta, Georgia where it will terminate at Interstate Route
520.''.
(6) Louisiana capital region.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(96) 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 Interstate
110;
``(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).''.
(b) Inclusion of Certain Segments on Interstate System.--
Section 1105(e)(5)(A) of the Intermodal Surface
Transportation Efficiency Act of 1991 is amended--
(1) by inserting ``subclauses (I) through (IX) of
subsection (c)(38)(A)(i), subsection (c)(38)(A)(iv),'' after
``subsection (c)(37),'';
(2) by inserting ``subsection (c)(84),'' after ``subsection
(c)(83),''; and
(3) by striking ``and subsection (c)(91)'' and inserting
``subsection (c)(91), subsection (c)(92), subsection (c)(93),
subsection (c)(94), subsection (c)(95), and subsection
(c)(96)''.
(c) Designation.--Section 1105(e)(5)(C) of the Intermodal
Surface Transportation Efficiency Act of 1991 is amended by
striking ``The route referred to in subsection (c)(84) is
designated as Interstate Route I-14.'' and inserting ``The
route referred to in subsection (c)(84)(A) is designated as
Interstate Route I-14 North. The route referred to in
subsection (c)(84)(B) is designated as Interstate Route I-14
South. The Bryan/College Station, Texas loop referred to in
subsection (c)(84) is designated as Interstate Route I-214.
The routes referred to in subparagraphs (C), (D), (E), (F),
and (G) of subsection (c)(84) and in subsections (c)(92),
(c)(93), (c)(94), and (c)(95) are designated as Interstate
Route I-14.''.
[[Page H3415]]
SEC. 1622. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
(a) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, shall review the
guidance issued pursuant to section 1228 of the Disaster
Recovery Reform Act of 2018 (Public Law 115-254), and revise
or issue new 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.
(b) Considerations.--In revising or issuing new guidance
under subsection (a), the Administrator shall consider
methods of repair, restoration, and replacement of damaged or
destroyed roads that--
(1) improve the ability of a previously inundated or
submerged road to withstand the effects of hydrostatic and
hydrodynamic forces, including stormwater, runoff, or storm
surge; and
(2) provide for long-term cost savings.
SEC. 1623. 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. 1624. 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
``2023 through 2026''.
SEC. 1625. LABOR STANDARDS.
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.
SEC. 1626. CLIMATE RESILIENCY REPORT BY GAO.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and every 5 years thereafter, the
Comptroller General of the United States shall evaluate and
issue a report to Congress on the economic benefits,
including avoided impacts on property and life, of the use of
model, consensus-based building codes, standards, and
provisions that support resilience to climate risks and
impacts, including--
(1) flooding;
(2) wildfires;
(3) hurricanes;
(4) heat waves;
(5) droughts;
(6) rises in sea level; and
(7) extreme weather.
(b) Report Issues.--The report required under subsection
(a) shall include the following:
(1) An assessment of the status of adoption of building
codes, standards, and provisions within the States,
territories, and tribes at the State or jurisdictional level;
including whether the adopted codes meet or exceed the most
recent published edition of a national, consensus-based model
code.
(2) An analysis of the extent to which pre-disaster
mitigation measures provide benefits to the nation and
individual States, territories and tribes, including--
(A) an economic analysis of the benefits to the design and
construction of new resilient infrastructure;
(B) losses avoided, including economic losses, number of
structures (buildings, roads, bridges), and injuries and
deaths by utilizing building codes and standards that
prioritize resiliency; and
(C) an economic analysis of the benefits to using hazard
resistant building codes in rebuilding and repairing
infrastructure following a disaster.
(3) An assessment of the building codes and standards
referenced or otherwise currently incorporated into Federal
policies and programs, including but not limited to grants,
incentive programs, technical assistance and design and
construction criteria, administered by the Federal Emergency
Management Agency (hereinafter referred to as ``FEMA''),
including--
(A) the extent to which such codes and standards contribute
to increasing climate resiliency;
(B) recommendations for how FEMA could improve their use of
codes and standards to prepare for climate change and address
resiliency in housing, public buildings, and infrastructure
such as roads and bridges; and
(C) how FEMA could increase efforts to support the adoption
of hazard resistant codes by the States, territories, and
Indian Tribes.
(4) Recommendations for FEMA on how to better incorporate
climate resiliency into efforts to rebuild after natural
disasters.
SEC. 1627. DESIGNATION OF JOHN R. LEWIS VOTING RIGHTS
HIGHWAY.
(a) Designation.--The portion of United States Route 80
from Selma, Alabama to Montgomery, Alabama shall be known as
the ``John R. Lewis Voting Rights Highway''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
portion of United States Route 80 from Selma, Alabama to
Montgomery, Alabama is deemed to be a reference to the ``John
R. Lewis Voting Rights Highway''.
SEC. 1628. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FERRIES.
(a) In General.--The Comptroller General of the United
States shall conduct a study on the capital investment needs
of United States public ferries and how Federal funding
programs are meeting such needs.
(b) Considerations.--In carrying out the study under
subsection (a), the Comptroller General shall examine the
feasibility of including United States public ferries in the
conditions and performance report of the Department of
Transportation.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General shall
submit to Congress a report describing the results of the
study described in subsection (a), including any
recommendations for how to include ferries in the conditions
and performance report of the Department of Transportation.
SEC. 1629. USE OF MODELING AND SIMULATION TECHNOLOGY.
It is the sense of Congress that the Department of
Transportation should utilize, to the fullest and most
economically feasible extent practicable, modeling and
simulation technology to analyze highway and public
transportation projects authorized by this Act and the
amendments made by this Act to ensure that these projects--
(1) increase transportation capacity and safety, alleviate
congestion, and reduce travel time and environmental impacts;
and
(2) are as cost effective as practicable.
SEC. 1630. GAO STUDY ON PER-MILE USER FEE EQUITY.
(a) Establishment.--Not later than 2 years after the date
of enactment of this Act, the Comptroller General of the
United States shall carry out a study on the impact of equity
issues associated with per-mile user fee funding systems on
the surface transportation system.
(b) Contents.--The study under subsection (a) shall include
the following with respect to per-mile user fee systems:
(1) The financial, social, and other impacts of per-mile
user fee systems on individuals, low-income individuals, and
individuals of different races.
(2) The impact that access to alternative modes of
transportation, including public transportation, has in
carrying out per-mile user fee systems.
(3) The ability to access jobs and services, which may
include healthcare facilities, child care, education and
workforce training, food sources, banking and other financial
institutions, and other retail shopping establishments.
(4) Equity issues for low-income individuals in urban and
rural areas.
(5) Any differing impacts on passenger vehicles and
commercial vehicles.
(c) Inclusions.--In carrying out the study under subsection
(a), the Comptroller General shall include an analysis of the
State surface transportation system funding pilot program
under section 6020 of the FAST Act (23 U.S.C. 503 note).
(d) Report.--Not later than 2 years after the date of the
enactment after 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, and make publicly
available, a report containing the results of the study under
subsection (a), including recommendations for how to
equitably implement per-mile user fee systems.
(e) Definitions.--
(1) Per-mile user fee.--The term ``per-mile user fee''
means a revenue mechanism that--
(A) is applied to road users operating motor vehicles on
the surface transportation system; and
(B) is based on the number of vehicle miles traveled by an
individual road user.
(2) Commercial vehicle.--The term ``commercial vehicle''
has the meaning given the term commercial motor vehicle in
section 31101 of title 49, United States Code.
SEC. 1631. GAO REVIEW OF EQUITY CONSIDERATIONS AT STATE DOTS.
(a) Review Required.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall
undertake a review of the extent to which State departments
of transportation have in place best practices, standards,
and protocols designed to ensure equity considerations in
transportation planning, project selection, and project
delivery, including considerations of the diverse
transportation needs of low-income populations, minority
populations, and other diverse populations.
(b) Evaluation.--After the completion of the review under
subsection (a), the Comptroller General shall issue and make
available on a publicly accessible Website a report
detailing--
(1) findings based on the review in subsection (a);
(2) a comprehensive set of recommendations for State
departments of transportation to improve equity
considerations, which may include model legislation, best
practices, or guidance; and
(3) any recommendations to Congress for additional
statutory authority needed to support State department of
transportation efforts to incorporate equity considerations
into transportation planning, project selection, and project
delivery.
(c) Report.--After completing the review and evaluation
required under subsections (a) and (b), and not later than 2
years after the date of enactment of this Act, the
Comptroller General shall make available on a publicly
accessible Website, a report that includes--
[[Page H3416]]
(1) findings based on the review conducted under subsection
(a);
(2) the outcome of the evaluation conducted under
subsection (b);
(3) a comprehensive set of recommendations to improve
equity considerations in the public transportation industry,
including recommendations for statutory changes if
applicable; and
(4) the actions that the Secretary of Transportation could
take to effectively address the recommendations provided
under paragraph (3).
SEC. 1632. STUDY ON EFFECTIVENESS OF SUICIDE PREVENTION NETS
AND BARRIERS FOR STRUCTURES OTHER THAN BRIDGES.
(a) Study.--The Comptroller General of the United States
shall conduct a study to identify--
(1) the types of structures, other than bridges, that
attract a high number of individuals attempting suicide-by-
jumping;
(2) the characteristics that distinguish structures
identified under paragraph (1) from similar structures that
do not attract a high number of individuals attempting
suicide-by-jumping;
(3) the types of nets or barriers that are effective at
reducing suicide-by-jumping with respect to the structures
identified under paragraph (1);
(4) methods of reducing suicide-by-jumping with respect to
the structures identified under paragraph (1) other than nets
and barriers;
(5) quantitative measures of the effectiveness of the nets
and barriers identified under paragraph (3);
(6) quantitative measures of the effectiveness of the
additional methods identified under paragraph (4);
(7) the entities that typically install the nets and
barriers identified under paragraph (3); and
(8) the costs of the nets and barriers identified under
paragraph (3).
(b) Report.--Not later than 1 year after the date of the
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 Commerce,
Science, and Transportation of the Senate a report on the
results of the study conducted under subsection (a).
SEC. 1633. TRANSPORTATION PLANNING ACTIVITIES.
The Secretary or Transportation shall take all reasonable
efforts to provide assistance for an Olympic or Paralympic
event, or a Special Olympics International event, including
the following:
(1) Planning activities of States and metropolitan planning
organizations and transportation projects relating to an
international Olympic or Paralympic event, or a Special
Olympics International event, under sections 134 and 135 of
title 23, United States Code.
(2) Developing intermodal transportation plans necessary
for the projects, in coordination with State and local
transportation agencies.
(3) Efforts to expedite review and comment by the
Department of Transportation on any required submittals
pertaining to an Olympic or Paralympic event or a Special
Olympics International event.
(4) Providing technical assistance.
SEC. 1634. BETTER UTILIZING INFRASTRUCTURE FOR LASTING
DEVELOPMENT OF VETERANS BUSINESSES.
(a) Definitions.--In this section, the following
definitions apply:
(1) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
(2) Veteran.--The term ``veteran'' has the meaning given
the term in section 101(2) of title 38, United States Code.
(3) Veteran owned small business concern.--The term
``veteran owned small business concern'' has the meaning
given the term ``small business concern owned and controlled
by veterans'' in section 3(q) of the Small Business Act (15
U.S.C. 632 (q)).
(b) Amounts for Veteran Owned Small Business Concerns.--
Except to the extent that the Secretary of Transportation
determines otherwise, not less than 3 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 veteran owned small business
concerns.
(c) Uniform Criteria.--The Secretary shall establish
minimum uniform criteria for use by State governments in
certifying whether a concern qualifies as a veteran owned
small business concern for the purpose of this section. Such
criteria shall include a limit on the personal net worth of
the veterans who own and control the small business concern.
(d) Reporting.--The Secretary shall establish minimum
requirements for use by State government in reporting to the
Secretary--
(1) information concerning veteran owned small business
concern awards, commitments, and achievement; and
(2) such other information as the Secretary determined to
be appropriate for the proper monitoring of the veterans
business enterprise program.
SEC. 1635. VEHICLE WEIGHT LIMITATIONS.
Section 127(i)(1)(A) of title 23, United States Code, is
amended by inserting ``an emergency or'' before ``a major
disaster''.
SEC. 1636. ROADWAY WORKER PROTECTION WORKING GROUP.
(a) Establishment.--Not later than 180 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 review the methods, practices,
and technologies necessary to protect workers in roadway work
zones.
(b) Membership.--
(1) Appointment.--The Secretary shall appoint to the
Working Group individuals with knowledge and expertise in
roadway safety.
(2) Representation.--The Working group shall include at
least one representative of each of the following:
(A) State departments of transportation.
(B) Local governments or metropolitan planning
organizations.
(C) Temporary traffic control organizations.
(D) Roadway user organizations.
(E) Vehicle and commercial vehicle manufacturers.
(F) Labor organizations.
(G) Traffic safety organizations.
(H) Motor carrier and independent owner-operator
organizations.
(I) Law enforcement and first responder organizations.
(J) Autonomous vehicle technology companies.
(K) 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 (f)(1).
(c) Duties.--In carrying out the review required under
subsection (a), the Working Group shall--
(1) evaluate and analyze current work zone safety and
worker protection traffic control best practices;
(2) identify causes of work zone injuries and fatalities;
(3) identify and evaluate technologies related to vehicle
interaction with work zones and workers in work zones; and
(4) identify challenges for transportation construction
project sponsors regarding improving work zone safety.
(d) Consultation.--In carrying out the review required
under subsection (a), the Working Group shall consult with--
(1) transportation construction contractor organizations;
(2) roadway and roadway safety equipment manufacturer
organizations;
(3) academic experts; and
(4) 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 review required under subsection
(a), including a summary of any comments received during the
consultation process under subsection (d); and
(B) recommendations on safety countermeasures,
technologies, programs and policies for the Department of
Transportation to improve roadway work zone safety and
practices.
(2) Report to congress.--Not later than 1 month after the
date on which the Secretary receives a 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 report.
SEC. 1637. GAO STUDY ON NATURE-BASED SOLUTIONS FOR COASTAL
HIGHWAY RESILIENCE.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the utilization of nature-based
solutions for improving the resilience of coastal highways
and bridges.
(b) Contents.--In conducting the study under subsection
(a), the Comptroller General shall examine--
(1) the resiliency benefits of nature-based features that
work in conjunction with structural features to protect
coastal highways and bridges by reducing the impacts of
floods or other risks of extreme weather;
(2) the ecological benefits of nature-based features for
habitat restoration, water quality improvements, and
recreational aesthetics;
(3) any potential savings to taxpayers over the lifecycles
of roadways produced by an integrated approach to resilience
against extreme weather;
(4) the utilization rates for integrated nature-based
solutions among transportation agencies; and
(5) any barriers to the use of nature-based solutions by
transportation agencies to improve the resilience of coastal
roads and bridges.
(c) 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 Commerce,
Science, and Transportation of the Senate a report
summarizing the study under subsection (a) and the results of
such study, including recommendations for how the Federal
Highway Administration can encourage transportation agencies
to use natural and nature-based features to improve the
resilience of coastal highways and bridges.
SEC. 1638. REPEAL OF PILOT PROGRAM.
Section 325 of title 23, United States Code, is repealed.
SEC. 1639. TECHNICAL CORRECTIONS.
(a) In General.-- Title 23, United States Code, is amended
as follows:
(1) Name correction.--Section 101(a)(17)(C), as
redesignated by section 1103(1)(A) of this Act, is amended by
striking ``United States Customs and Immigration Services''
and inserting `` U.S. Customs and Border Protection''.
(2) Transfer of funds.--Section 104(f)(3) is amended--
(A) in subparagraph (A), by striking ``the Federal Highway
Administration'' and inserting ``an operating administration
of the Department of Transportation''; and
(B) in the paragraph heading, by striking ``FEDERAL HIGHWAY
ADMINISTRATION'' and inserting ``AN OPERATING ADMINISTRATION
OF THE DEPARTMENT OF TRANSPORTATION''.
[[Page H3417]]
(3) Terms and conditions.--Section 108(c)(3)(F) is
amended--
(A) by inserting ``of 1969 (42 U.S.C. 4321 et seq.)'' after
``Policy Act''; and
(B) by striking ``this Act'' and inserting ``this title''.
(4) Exclusion.--Section 112(b)(2) is amended in
subparagraph (F) by striking ``(F)'' and all that follows
through ``Subparagraphs'' and inserting ``(f)
Subparagraphs''.
(5) Reference to statewide transportation improvement
program.--Section 115(c) is amended by striking ``135(f)''
and inserting ``135(g)''.
(6) Opportunity for comment.--Section 134(j) is amended by
striking ``subsection (i)(5)'' both places it appears and
inserting ``subsection (i)(6)''.
(7) Performance-based approach.--Section 135(f)(7)(B) is
amended by striking the semicolon at the end and inserting a
period.
(8) Efficient environmental reviews for project
decisionmaking.--Section 139 is amended--
(A) in subsection (b)(1) by inserting ``(42 U.S.C. 4321 et
seq.)'' after ``of 1969'';
(B) in subsection (c) by inserting ``(42 U.S.C. 4321 et
seq.)'' after ``of 1969'' each place it appears; and
(C) in subsection (k)(2) by inserting ``(42 U.S.C. 4321 et
seq.)'' after ``of 1969''.
(9) Nondiscrimination.--Section 140(a) is amended, in the
third sentence, by inserting a comma after ``Secretary''.
(10) Public transportation.--Section 142 is amended by
striking subsection (i).
(11) Congestion mitigation and air quality improvement
program.--Section 149 is amended--
(A) in subsection (b)(1)(A)(ii) by striking ``; or,'' and
inserting ``; or''; and
(B) in subsection (g)(2)(B) by striking the semicolon at
the end and inserting ``; and''.
(12) Tribal transportation program data collection.--
Section 201(c)(6)(A)(ii) is amended by striking ``(25 U.S.C.
450 et seq.)'' and inserting ``(25 U.S.C. 5301 et seq.)''.
(13) Tribal transportation program.--Section 202 is
amended--
(A) by striking ``(25 U.S.C. 450 et seq.)'' each place it
appears and inserting ``(25 U.S.C. 5301 et seq.)'';
(B) in subsection (a)(10)(B) by striking ``(25 U.S.C.
450e(b))'' and inserting ``(25 U.S.C. 5307(b))''; and
(C) in subsection (b)--
(i) in paragraph (5) in the matter preceding subparagraph
(A) by inserting ``the'' after ``agreement under''; and
(ii) in paragraph (6)(A) by inserting ``the'' after ``in
accordance with''.
(14) Permissible uses of recreational trails program
apportioned funds.--Section 206(d)(2)(G) is amended by
striking ``use of recreational trails'' and inserting ``uses
of recreational trails''.
(15) Tribal transportation self-governance program.--
Section 207 is amended--
(A) in subsection (g)--
(i) by striking ``(25 U.S.C. 450j-1)'' and inserting ``(25
U.S.C. 5325)''; and
(ii) by striking ``(25 U.S.C. 450j-1(f))'' and inserting
``(25 U.S.C. 5325(f))'';
(B) in subsection (l)--
(i) in paragraph (1), by striking ``(25 U.S.C. 458aaa-5)''
and inserting ``(25 U.S.C. 5386)'';
(ii) in paragraph (2), by striking ``(25 U.S.C. 458aaa-6)''
and inserting ``(25 U.S.C. 5387)'';
(iii) in paragraph (3), by striking ``(25 U.S.C. 458aaa-
7)'' and inserting ``(25 U.S.C. 5388)'';
(iv) in paragraph (4), by striking ``(25 U.S.C. 458aaa-9)''
and inserting ``(25 U.S.C. 5390)'';
(v) in paragraph (5), by striking ``(25 U.S.C. 458aaa-10)''
and inserting ``(25 U.S.C. 5391)'';
(vi) in paragraph (6), by striking ``(25 U.S.C. 458aaa-
11)'' and inserting ``(25 U.S.C. 5392)'';
(vii) in paragraph (7), by striking ``(25 U.S.C. 458aaa-
14)'' and inserting ``(25 U.S.C. 5395)'';
(viii) in paragraph (8), by striking ``(25 U.S.C. 458aaa-
15)'' and inserting ``(25 U.S.C. 5396)''; and
(ix) in paragraph (9), by striking ``(25 U.S.C. 458aaa-
17)'' and inserting ``(25 U.S.C. 5398)''; and
(C) in subsection (m)(2)--
(i) by striking ``505'' and inserting ``501''; and
(ii) by striking ``(25 U.S.C. 450b; 458aaa)'' and inserting
``(25 U.S.C. 5304; 5381)''.
(16) Buy america.--Section 313 is amended--
(A) in subsection (e)(2) by striking ``States;'' and
inserting ``States,''; and
(B) in subsection (f)(1) by striking ``, and'' and
inserting ``; and''.
(17) Procedures for a gift or donation.--Section 323(d) is
amended in the matter preceding paragraph (1) by inserting
``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
(18) Highway safety programs.--Section 402(b)(1)(E) is
amended by striking the semicolon at the end and inserting
``; and''.
(19) Use of freight capacity building program funds.--
Section 504(g)(6) is amended by striking ``make grants or
to'' and inserting ``make grants to''.
(20) Development phase activities.--Section 602(e) is
amended by striking ``601(a)(1)(A)'' and inserting
``601(a)(2)(A)''.
(b) Clerical Amendments.--
(1) In general.--The table of contents for title 23, United
States Code, is amended in the item relating to chapter 1 by
striking ``FEDERAL AID HIGHWAYS'' and inserting ``FEDERAL-AID
HIGHWAYS''.
(2) Chapter 3.--The analysis for chapter 3 of title 23,
United States Code, is amended by striking the item relating
to section 325.
SEC. 1640. CREDIT ADJUSTMENTS FOR PAYCHECK PROTECTION PROGRAM
LOAN FORGIVENESS UNDER HIGHWAY AND PUBLIC
TRANSPORTATION PROJECT COST REIMBURSEMENT
CONTRACTS.
(a) In general.--Notwithstanding section 112 of title 23,
United States Code, a covered contractor shall only make
credit adjustments to the indirect cost rate applied to such
contractor to reflect the portion of loan forgiveness
attributable to the receipt of Federal funds. For purposes of
this section, beginning on the date on which the credit
attributable to Federal funds is recovered fully, no further
indirect cost rate credit shall be applied or otherwise
provided.
(b) Covered Contractor Defined.--For purposes of this
section, the term ``covered contractor'' means a contractor
or subcontractor at any tier that--
(1) provides architectural and engineering services under a
federally-funded Federal-aid highway program or Federal lands
highway program cost reimbursement contract under title 23,
United States Code;
(2) received loan forgiveness in accordance with section
1106 of the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116-136), for a loan provided under paragraph
(36) of section 7(a) of the Small Business Act (15 U.S.C.
636(a)); and
(3) applied such loan proceeds to indirect costs that were
reimbursed, in whole or in part, with Federal funds.
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) $17,894,460,367 for fiscal year 2023;
``(B) $18,201,940,770 for fiscal year 2024;
``(C) $18,551,676,708 for fiscal year 2025; and
``(D) $18,901,573,693 for fiscal year 2026.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $189,879,151 for fiscal year 2023, $192,841,266 for
fiscal year 2024, $195,926,726 for fiscal year 2025, and
$199,002,776 for fiscal year 2026, shall be available to
carry out section 5305;
``(B) $7,505,830,848 for fiscal year 2023, $7,622,921,809
for fiscal year 2024, $7,744,888,558 for fiscal year 2025,
and $7,866,483,309 for fiscal year 2026 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 2023, $103,093,556 for
fiscal year 2024, $104,743,053 for fiscal year 2025, and
$106,387,519 for fiscal year 2026 shall be available for
grants under section 5308;
``(D) $434,830,298 for fiscal year 2023, $441,613,651 for
fiscal year 2024, $448,679,469 for fiscal year 2025, and
$455,723,737 for fiscal year 2026 shall be available to carry
out section 5310, of which not less than--
``(i) $5,075,500 for fiscal year 2023, $5,154,678 for
fiscal year 2024, $5,237,153 for fiscal year 2025, and
$5,319,376 for fiscal year 2026 shall be available to carry
out section 5310(j); and
``(ii) $20,302,000 for fiscal year 2023, $20,618,711 for
fiscal year 2024, $20,948,611 for fiscal year 2025, and
$21,277,504 for fiscal year 2026 shall be available to carry
out section 5310(k);
``(E) $1,025,199,724 for fiscal year 2023, $1,041,192,839
for fiscal year 2024, $1,057,851,925 for fiscal year 2025,
and $1,074,460,200 for fiscal year 2026 shall be available to
carry out section 5311, of which not less than--
``(i) $55,679,500 for fiscal year 2023, $56,392,100 for
fiscal year 2024, $57,134,374 for fiscal year 2025, and
$57,874,383 for fiscal year 2026 shall be available to carry
out section 5311(c)(1); and
``(ii) $50,755,000 for fiscal year 2023, $51,546,778 for
fiscal year 2024, $52,371,526 for fiscal year 2025, and
$53,193,759 for fiscal year 2026 shall be available to carry
out section 5311(c)(2);
``(F) $53,498,300 for fiscal year 2023; $54,020,873 for
fiscal year 2024; $54,565,207 for fiscal year 2025;
$55,107,881 for fiscal year 2026 shall be available to carry
out section 5312, of which not less than--
``(i) $5,075,500 for fiscal year 2023, $5,154,678 for
fiscal year 2024, $5,237,153 for fiscal year 2025, and
$5,319,376 for fiscal year 2026 shall be available to carry
out each of sections 5312(d)(3) and 5312(d)(4);
``(ii) $3,045,300 for fiscal year 2023, $3,092,807 for
fiscal year 2024, $3,142,292 for fiscal year 2025, and
$3,191,626 for fiscal year 2026 shall be available to carry
out section 5312(h);
``(iii) $10,151,000 for fiscal year 2023, $10,309,356 for
fiscal year 2024, $10,474,305 for fiscal year 2025, and
$10,638,752 for fiscal year 2026 shall be available to carry
out section 5312(i); and
``(iv) $10,075,500 for fiscal year 2023, $10,154,678 for
fiscal year 2024, $10,237,153 for fiscal year 2025, and
$10,319,376 shall be available to carry out section 5312(j);
``(G) $23,347,300 for fiscal year 2023, $23,711,518 for
fiscal year 2024, $24,090,902 for fiscal year 2025, and
$24,469,129 for fiscal year 2026 shall be available to carry
out section 5314, of which not less than--
``(i) $4,060,400 for fiscal year 2023, $4,123,742 for
fiscal year 2024, $4,189,722 for fiscal year 2025, and
$4,255,501 for fiscal year 2026 shall be available to carry
out section of 5314(a);
``(ii) $5,075,500 for fiscal year 2023, $5,154,678 for
fiscal year 2024, $5,237,153 for fiscal year 2025, and
$5,319,376 for fiscal year 2026 shall be available to carry
out section 5314(c); and
``(iii) $12,181,200 for fiscal year 2023, $12,371,227 for
fiscal year 2024, $12,569,166 for fiscal year 2025, and
$12,766,502 for fiscal year 2026 shall be available to carry
out section 5314(b)(2);
``(H) $5,075,500 for fiscal year 2023, $5,154,678 for
fiscal year 2024, $5,237,153 for fiscal year 2025, and
$5,319,376 for fiscal year 2026 shall be available to carry
out section 5318;
[[Page H3418]]
``(I) $30,453,000 for fiscal year 2023, $30,928,067 for
fiscal year 2024, $31,422,916 for fiscal year 2025, and
$31,916,256 for fiscal year 2026 shall be available to carry
out section 5328, of which not less than--
``(i) $25,377,500 for fiscal year 2023, $25,773,389 for
fiscal year 2024, $26,185,763 for fiscal year 2025, and
$26,596,880 for fiscal year 2026 shall be available to carry
out section of 5328(b); and
``(ii) $2,537,750 for fiscal year 2023, $2,577,339 for
fiscal year 2024, $2,618,576 for fiscal year 2025, and
$2,659,688 for fiscal year 2026 shall be available to carry
out section 5328(c);
``(J) $4,060,400 for fiscal year 2023, $4,123,742 for
fiscal year 2024, $4,189,722 for fiscal year 2025, and
$4,255,501 for fiscal year 2026 shall be available to carry
out section 5335;
``(K) $5,366,233,728 for fiscal year 2023, $5,460,789,084
for fiscal year 2024, $5,560,170,578 for fiscal year 2025,
and $5,660,288,417 for fiscal year 2026 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 2023, $1,259,667,334
for fiscal year 2024, $1,279,832,171 for fiscal year 2025,
and $1,299,925,536 for fiscal year 2026; 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 2023, $424,748,448 for
fiscal year 2024, $387,944,423 for fiscal year 2025, and
$351,100,151 for fiscal year 2026 shall be available to carry
out section 5339(b);
``(N) $890,000,000 for fiscal year 2023, $950,000,000 for
fiscal year 2024, $1,065,000,000 for fiscal year 2025, and
$1,180,000,000 for fiscal year 2026 shall be available to
carry out section 5339(c); and
``(O) $587,133,905 for each of fiscal years 2023 through
2026 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 2023 through
2026 shall be for growing States under section 5340(c); and
``(ii) $277,444,997 for each of fiscal years 2023 through
2026 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 2023, $4,250,000,000 for fiscal year 2024,
$5,000,000,000 for fiscal year 2025, and 5,500,000,000 for
fiscal year 2026.
``(c) Administration.--
``(1) In general.--There are authorized to be appropriated
to carry out section 5334, $142,060,785 for fiscal year 2023,
$144,191,696 for fiscal year 2024, $146,412,248 for fiscal
year 2025, and 148,652,356 for fiscal year 2026.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $6,000,000
for each of fiscal years 2023 through 2026 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 2023 through 2026 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.
``(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 from future appropriations 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 the INVEST
in America 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 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)''.
(2) 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''.
(3) Section 5336 of title 49, United States Code, is
amended in subsection (d)(1) by striking ``5338(a)(2)(C)''
and inserting ``5338(a)(2)(B)''.
(4) Subsections (c) and (d)(1) of section 5327 of title 49,
United States Code, are amended by striking ``5338(f)'' and
inserting ``5338(d)''.
(5) Section 5340(b) of title 49, United States Code, is
amended by striking ``5338(b)(2)(N)'' and inserting
``5338(a)(2)(O)''.
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 ``, charging stations and docks for
electric micromobility devices, 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;'';
(B) in subparagraph (M) strike ``; or'' and insert a
semicolon;
(C) in subparagraph (N)--
(i) by striking ``no emission'' and inserting ``zero
emission''; and
(ii) by striking ``(as defined in section 5339(c)) or
facilities.'' and inserting ``or facilities; or''; and
(D) by adding at the end the following:
``(O) the employment of forensic consultants, cybersecurity
experts, or third-party penetration testers to identify,
evaluate, test, and patch ransomware attack
vulnerabilities.''; 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
[[Page H3419]]
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 15 days;
``(ii) accessible to the public;
``(iii) contracted by a local government entity that
provides local cost share to the recipient;
``(iv) not contracted for the purposes of a convention or
on behalf of a convention and visitors bureau; and
``(v) limited to the service area in which the recipient
provides regularly scheduled public transportation service.
``(4) Guidelines.--The Secretary shall publish guidelines
for grant recipients and private bus operators that clarify
when and how a transit agency may 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) by amending subsection (r) to read as follows:
``(r) Reasonable Access to Public Transportation
Facilities.--
``(1) In general.--A recipient of assistance under this
chapter--
``(A) may not deny reasonable access for a private
intercity or charter transportation operator to federally
funded public transportation facilities, including intermodal
facilities, park and ride lots, and bus-only highway lanes;
and
``(B) 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.
``(2) Determining reasonable access.--In determining
reasonable access under paragraph (1)(A), capacity
requirements of the recipient of assistance and the extent to
which access would be detrimental or beneficial to existing
public transportation services must be considered and
demographic makeup of the riders of a private intercity or
charter transportation operator may not be cited as a
detriment to the provision of access.
``(3) Notification.--If a private intercity or charter
transportation operator requesting access under this
subsection is denied such access by a recipient of assistance
under this chapter or does not receive a written response
within 75 days of submitting the request, such operator may
notify the Secretary for purposes of inclusion in the report
under paragraph (4).
``(4) Report to congress.--The Secretary shall annually
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report listing
each instance reported under paragraph (3) in which--
``(A) a private intercity or charter transportation
operator requested reasonable access and was denied, and the
reasons provided by the recipient of assistance under this
chapter for the denial; and
``(B) a recipient of assistance under this chapter did not
respond to a request for reasonable access within 75 days.''.
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 improvements consistent with standards
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 ``and vehicle electronics.''
and inserting ``cybersecurity and mitigating the threat of
ransomware, and vehicle electronics; and''; and
(C) by adding at the end the following:
``(iii) technical assistance to assist recipients with the
impacts of a new census count.'';
(2) in subsection (a)(2)--
(A) by redesignating subparagraphs (H) and (I) as
subparagraphs (J) and (K), respectively; and
(B) by inserting after subparagraph (G) the following:
``(H) cybersecurity and mitigating the threat of
ransomware;'';
(3) in subsection (b)(1)(B) by striking ``females'' and
inserting ``women''; and
(4) in subsection (c)(4)(A) by inserting ``, and not more
than 2 percent of amounts under 5311,'' after ``5339''.
(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;
(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
[[Page H3420]]
(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) 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 a semicolon; and
(iii) by adding at the end the following:
``(D) transportation development credits; or''.
(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.''.
(h) Clarification of Incidental Use.--Section 5310(b)(7) of
title 49, United States Code, is amended--
(1) in the header by inserting ``and incidental use'' after
``individuals'';
(2) by inserting ``or providing other incidental services''
after ``individuals''; and
(3) by striking ``delivery service does not conflict'' and
inserting ``service does not conflict''.
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 YEARS 2022 AND 2023 FORMULAS.
For fiscal years 2022 and 2023, the Secretary of
Transportation 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 further
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) Equitable and proportional representation.--
``(i) In general.--In designating officials or
representatives under paragraph (2), the metropolitan
planning organization shall ensure 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 ``paragraph (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 one 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) support 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) of
title 23, the achievement of metropolitan and statewide
targets established under section 150(d) of title 23, the
improvement of transportation system access (consistent with
section 150(f)) of title 23, and the general purposes
described in section 5301 of this title.'';
(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.'';
[[Page H3421]]
(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. 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) of
title 23;
``(ii) the consideration of transportation system access
(consistent with section 150(f) of title 23);
``(iii) the achievement of statewide targets established
under section 150(d) of title 23; and
``(iv) the general purposes described in section 5301 of
this title.''; 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 (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'';
(C) 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''; and
(II) by striking ``statewide transportation improvement
program'' and inserting ``STIP'';
(D) 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'';
(E) in paragraph (8) by striking ``statewide transportation
plans and programs'' and inserting ``statewide transportation
plans and STIPs''; and
(F) 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; and
(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) $17,894,460,367 for fiscal year 2023;
(2) $18,201,940,770 for fiscal year 2024;
(3) $18,551,676,708 for fiscal year 2025; and
(4) $18,901,573,693 for fiscal year 2026.
SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF FUNDS.
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
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).
SEC. 2112. HOLD HARMLESS.
Notwithstanding any other provision of law, for fiscal
years 2021 and 2022, the Secretary of Transportation shall
allow project sponsors, at the request of such sponsor, to
submit ridership and service data and projections collected
before January 20, 2020 and projections based on that data to
determine project eligibility under section 5309 of title 49,
United States Code.
SEC. 2113. STUDY ON ACCESSIBILITY OF PUBLIC TRANSPORTATION.
(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
submit to Congress a report that includes--
(1) a description of the challenges faced by each of the
populations described in subsection (b) when riding public
transportation; and
(2) recommendations to improve the accessibility of
federally-funded public transportation for the populations
described in subsection (b).
(b) Covered Populations.--The populations described in
subsection (a) shall be--
[[Page H3422]]
(1) pregnant women; and
(2) individuals living in areas of persistent poverty, as
such term is defined in section 172(l) of title 23, United
States Code, as added by this Act, and individuals that are
unbanked or underbanked.
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 of bus service and the 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 transportation
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 years 2023 and 2024, 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 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) Two 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 years 2023 and 2024, 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, at the request of the project sponsor,
be increased by up to 10 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, at the request of the project
sponsor, be increased by up to 10 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;
[[Page H3423]]
``(v) service during times of the day when regular transit
service is not operating, as long as regular transit service
hours are not reduced;
``(vi) new service that operates in areas of lower density
that are unserved or underserved by regular transit service;
``(vii) rural service; and
``(viii) improvement in paratransit service quality.
``(2) Fare collection modernization.--In developing
guidance referred to in this section, the Secretary shall
ensure that--
``(A) 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
``(B) such guidance includes guidance on how agencies shall
provide unbanked and underbanked users with an opportunity to
benefit from mobility as a service platforms.
``(3) 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;
``(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;
``(C) any shared micromobility device for the period
beginning on the date of enactment of this section and ending
on the date that is 3 years after such date; and
``(D) rolling stock that is part of a dedicated fleet of
vehicles for the provision of microtransit that is operated
by, or exclusively on behalf of, the covered recipient for
the period beginning on the date of enactment of this section
and ending on the date that is 3 years after such date.
``(5) Limitation.--A waiver issued under subparagraphs (B),
(C), or (D) of paragraph (4) may only be issued on an
individual project basis at the request of the covered
recipient and may not be renewed or extended beyond the
initial 3-year period of the waiver.
``(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) prohibit the transfer of personally identifiable
information;
``(G) protect confidential business information;
``(H) enhance cybersecurity protections; and
``(I) allow data governance, including but not limited to
licensing and terms of information sharing, periodic risk
assessments, policies regarding data retention and
information handling policies, and anonymization techniques.
``(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 Vehicle Revenue Miles.--With
respect to vehicle revenue 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 (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) 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.
``(2) 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.
``(3) 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.
``(4) Mobility on demand.--The term `mobility on demand'
means an on-demand transportation service shared among
individuals, either concurrently or one after another.''.
(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 of Transportation 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.
(d) Savings Clause.--Nothing in this section, or the
amendments made by this section, shall prohibit the use of
funds for an eligible activity or pilot project of a covered
recipient authorized under the law in effect on the day
before the date of enactment of this Act before the effective
date described in subsection (c).
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
[[Page H3424]]
(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'';
(B) in paragraph (2) by inserting ``and makes the
certification and supporting documents publicly available''
before the period at the end; and
(C) by adding at the end the following:
``(3) Meaningful connections.--All projects funded under
this subsection shall directly serve, or make meaningful
scheduled connections to, the national intercity bus
network.''; 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,
which may include--
``(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--
``(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 a 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)(A), 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 percent
domestic content when calculating the domestic content of the
rolling stock.
[[Page H3425]]
``(3) Rolling stock frames or car shells.--
``(A) Inclusion of costs.--Subject to the substantiation
requirement of subparagraph (B), 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 add 2.5 percent to the total
domestic content when calculating the domestic content of the
rolling stock 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)(2),
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 the
manner described in subsection (c).
``(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 division B 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.--
``(A) In general.--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.
``(B) Period of certification.--Any component or
subcomponent certified by the Secretary shall remain
certified until the manufacturer makes a material change to
the domestic content or the place of manufacturing of such
component or subcomponent.
``(3) Freedom of information act.--In carrying out this
subsection, the Secretary shall 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 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 bus
shell, railcar frame, or other component or subcomponent that
is primarily made of steel or iron 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 processes 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
[[Page H3426]]
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 requirements
of this section in 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,
2023, section 5320(d)(5) shall not apply.
(5) Application of existing law.--During any periods
described in this subsection, the Secretary shall apply the
requirements of sections 5323(j) and 5323(m) of title 49,
United States Code, as in effect on the day before the date
of enactment of this Act, as applicable.
(e) Special Rule for Domestic Content.--
(1) In general.--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, 2021--
(A) if the delivery of the first production vehicle occurs
in fiscal year 2023 or fiscal year 2024, for components that
exceed 70 percent domestic content, the Secretary shall add
20 additional percent to the component's domestic content;
and
(B) if the delivery of the first production vehicle occurs
in fiscal year 2025 or fiscal year 2026--
(i) 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
(ii) for components that exceed 75 percent domestic
content, the Secretary shall add 20 additional percent to the
component's domestic content.
(2) Contracts after october 1, 2021.--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, 2021 for a vehicle described in section
5339(c)(1)(D), and notwithstanding subsection (e)(1), if the
delivery of the first production vehicle occurs in fiscal
year 2023 or 2024, for components that exceed 70 percent
domestic content, the Secretary shall add 30 additional
percent to the component's domestic content.
(3) Battery cells.--Paragraph (1) and paragraph (2) of this
subsection shall not apply to any contract for rolling stock
if the manufacturer of the rolling stock or the manufacturer
of the battery cells used for propulsion of the rolling stock
is an entity described in 49 USC 5323(u)(1) and (u)(2).
SEC. 2302. BUS PROCUREMENT STREAMLINING.
Section 5323 of title 49, United States Code, 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; and
``(2) make publicly available the current backlog (in
months) to begin testing a new bus at the bus testing
facility.''.
SEC. 2304. REPAYMENT REQUIREMENT.
(a) In General.--A transit agency shall repay into the
general fund of the Treasury any funds received from the
Federal Transit Administration under section 3401 of the
American Rescue Plan Act of 2021 (Public Law 117-2) if the
funds were used to award a contract or subcontract to an
entity for the 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 laws specified in subsection (a) shall
certify that the agency has not and shall not use such funds
to purchase rolling stock described in subsection (a).
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.--
[[Page H3427]]
``(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.
(a) Certification.--Section 5323(u)(4) of title 49, United
States Code, is amended--
(1) in subparagraph (A) in the heading by striking
``rail''; and
(2) by adding at the end the following:
``(C) Nonrail rolling stock.--Notwithstanding subparagraph
(B) of paragraph (5), as a condition of financial assistance
made available in a fiscal year under section 5339, a
recipient shall certify in that fiscal year that the
recipient will not award any contract or subcontract for the
procurement of rolling stock for use in public transportation
with a rolling stock manufacturer described in paragraph
(1).''.
(b) Special Rule.--Section 5323(u)(5)(A) of title 49,
United States Code, is amended by striking ``made by a public
transportation agency with a rail rolling stock manufacturer
described in paragraph (1)'' and all that follows through the
period at the end 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. SPARE RATIO WAIVER.
Section 5323 of title 49, United States Code, is further
amended by adding at the end the following:
``(z) Spare Ratio Waiver.--The Federal Transit
Administration shall waive spare ratio policies for rolling
stock found in FTA Grant Management Requirements Circular
5010.1, FTA Circular 9030.1 providing Urbanized Area Formula
Program guidance, and other guidance documents for 2 years
from the date of enactment of the INVEST in America Act.''.
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 ``2023
through 2026'';
(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
hybrid electric buses that make meaningful reductions in
energy consumption and harmful emissions, including direct
carbon emissions, and 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)--
(A) by striking ``3 fiscal years'' and inserting ``4 fiscal
years''; and
(B) 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 that, in whole or in part, encroaches
within the limits of a flood-prone area, the extent to which
the facility is designed and constructed in a way that takes
into account, and mitigates where appropriate, flood risk;
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 of the cost of an eligible project for the
financing of buses and related equipment for hybrid electric
buses that make meaningful reductions in energy consumption
and harmful emissions, including direct carbon emissions, and
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 the matter preceding clause (i) by striking ``in an
eligible area'';
(ii) in clause (i) by striking ``low or no emission'' and
inserting ``zero emission'';
(iii) in clause (ii) by striking ``low or no emission'' and
inserting ``zero emission'';
(iv) in clause (iii) by striking ``low or no emission'' and
inserting ``zero emission'';
(v) in clause (iv) by striking ``facilities and related
equipment for low or no emission'' and inserting ``related
equipment for zero emission'';
(vi) in clause (v) by striking ``facilities and related
equipment for low or no emission vehicles;'' and inserting
``related equipment for zero emission vehicles; or'';
(vii) in clause (vii) by striking ``low or no emission''
and inserting ``zero emission'';
(viii) by striking clause (vi); and
(ix) 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 `priority area' means an area that is--
[[Page H3428]]
``(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.'';
(3) in paragraph (3)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B);
(4) 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 equipment
for zero-emission buses or zero-emission buses--
``(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--
``(I) a goal by a set date to convert the entire bus fleet
to zero emission buses; or
``(II) 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
``(ii) examines the impact of the transition on the
applicant's current workforce, by identifying skills gaps,
training needs, and retraining needs of the existing workers
of such applicant to operate and maintain zero-emission
vehicles and related infrastructure, and avoids the
displacement of the existing workforce; 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.'';
(5) in paragraph (7)(A) by striking ``80'' and inserting
``90''; and
(6) by adding at the end the following:
``(8) 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.
``(9) Priority set-aside.--Of the amounts made available
under this subsection in a fiscal year, not less than--
``(A) 20 percent shall be distributed to applicants in
priority areas; and
``(B) 10 percent shall be distributed to applicants not
located in priority areas whose board of directors have
approved a long-term integrated fleet management plan that
establishes a goal to convert 100 percent of their bus fleet
to zero-emission buses within 15 years.''.
(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 at least 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 2023 and fiscal year 2024.
``(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.''.
SEC. 2405. WORKFORCE DEVELOPMENT TRAINING GRANTS.
Section 5339 of title 49, United States Code, is amended by
adding at the end the following:
``(e) Workforce Development Training Grants.--
``(1) In general.--Not less than 12.5 percent of funds
authorized to be made available for subsection (c) shall be
available to fund workforce development training eligible
under section 5314(b)(2) (including registered
apprenticeships and other labor-management training
programs), related to operations or maintenance of zero
emission vehicles.
``(2) Eligible recipients.--Recipients eligible under
subsection (c) shall be eligible to receive a grant under
this subsection.
``(3) Federal share.--The Federal share of the cost of an
eligible project carried out under this subsection shall be
100 percent.
``(4) Prioritization.--In making grants under this
subsection, the Secretary shall prioritize applications that
jointly fund training as part of a vehicle procurement
application under subsection (c).''.
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.
``(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
[[Page H3429]]
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
``(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.
``(E) A plan for a public awareness campaign of the transit
agency's ability to provide reduced fares, including in
foreign languages, based on--
``(i) data from the Bureau of the Census, consistent with
the local area demographics where the transit agency
operates, including the languages that are most prevalent and
commonly requested for translation services; or
``(ii) qualitative and quantitative observation from
community service providers including those that provide
health and mental health services, social services,
transportation, and other relevant social services.
``(F) Projected impacts on ridership.
``(G) Projected benefits in closing transit equity gaps.
``(H) Projected impact on the ability of students to access
education or workforce training programs.
``(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) Rule of construction.--Nothing in this section shall
be construed to limit the eligibility of an applicant if a
State, local, or Tribal governmental entity provides reduced
fare transportation to low-income individuals.
``(8) 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;
``(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
``(VIII) a Federal Pell Grant under section 401 of the
Higher Education Act of 1965 (20 U.S.C. 1070a);
``(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; or
``(iii) that is a low-income veteran or member of the
military.
``(9) 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, impacts on fare
evasion, and progress towards significantly closing transit
equity gaps.''.
SEC. 2504. EQUITY IN TRANSIT SERVICE PLANNING.
(a) Best Practices.--
(1) In general.--
(A) Assistance to providers of public transit.--Not later
than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall issue nonbinding best
practices to assist providers of public transportation in
setting the threshold for a major service change as described
in Circular 4702.1B of the Federal Transit Administration.
(B) Specific providers of public transit.--For the
purposes of this section, the term ``providers of public
transportation'' means providers that operate 50 or more
fixed route vehicles in peak service and are located in an
urbanized area of 200,000 or more in population.
(2) Best practices.--In developing the best practices
described in paragraph (1), the Secretary--
(A) shall issue specific recommendations for setting the
threshold of a major service change, which shall include, at
a minimum, recommendations related to--
(i) changes in hours of operations, including consideration
of changes during nonpeak hours;
(ii) changes in the frequency of service;
(iii) changes in coverage, including the opening and
closing of stations and stops and the changing of routes; and
(iv) the use of route-specific analyses in addition to
service-area level analyses;
(B) shall recommend specific percentage change standards
for the elements described in clauses (i), (ii), and (iii) of
subparagraph (A) to assist providers of public transportation
in setting the threshold for a major service change in a
manner that ensures meaningful analyses and the provision of
equitable service; and
(C) may issue different best practices for providers of
public transportation of different sizes and service types.
(b) Transit Cooperative Research Program Report.--
(1) Review.--Not later than 3 years after the issuance of
the best practices described in subsection (a), the Transit
Cooperative Research Program of the National Academy of
Sciences shall conduct a review of the manner in which
providers of public transportation define the threshold for a
major service change for purposes of compliance with Circular
4702.1B of the Federal Transit Administration, including--
(A) a survey of the standards used by providers of public
transportation to define the threshold for a major service
change;
(B) a review of the differences in standards used to define
the threshold for a major service change for providers of
public transportation of different sizes and service types;
(C) information on the considerations used by providers of
public transportation when defining the threshold for a major
service change; and
(D) the extent to which providers of public transportation
are using the best practices described in subsection (a).
(2) Report.--After the completion of the review described
in paragraph (1), the National Academy of Sciences shall
issue a report on the findings of the review and submit such
report to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
SEC. 2505. GAO STUDY ON FARE-FREE TRANSIT.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the provision of fare-free transit
service in the United States, including an assessment of--
(1) the extent to which fare-free transit is available in
the United States; and
(2) the potential impacts of fare-free transit, which may
include--
(A) increased transit ridership;
(B) improved access to transportation for low-income riders
and marginalized communities;
(C) improved access to jobs and services;
(D) enhanced equity of the surface transportation system;
(E) reductions in disputes or law enforcement actions
related to transit fares;
(F) environmental impacts;
(G) safety considerations; and
(H) the challenges of replacing farebox revenue.
(b) Report.--Not later than 1 year after the date of the
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 Banking,
Housing, and Urban Affairs of the Senate a report containing
the results of the study conducted under subsection (a).
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 enter into a
cooperative agreement with a nonprofit organization with a
demonstrated capacity to develop and provide transit career
pathway programs through labor-
[[Page H3430]]
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 training in the maintenance and
operations occupations based on industry best practices.
``(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;
``(VIII) in collaboration with the Administrator of the
Federal Transit Administration, the Bureau of Labor
Statistics, the Employment and Training Adminstration, 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; and
``(IX) providing culturally competent training and
educational programs to all who participate, regardless of
gender, sexual orientation, or gender identity, including
those with limited English proficiency, diverse cultural and
ethnic backgrounds, and disabilities.
``(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, 5337, and 5339
and not more than 2 percent of amounts made available to a
recipient under section 5311 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
(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 (b)(2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following:
``(D) in consultation with the Secretary of the Department
of Health and Human Services, precautionary and reactive
actions required to ensure public and personnel safety and
health during an emergency as defined in section 5324;'';
(3) 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, fatalities, and, consistent with
guidelines by the Centers for Disease Control and Prevention,
infectious diseases, and strategies to minimize the exposure
of property'';
(iii) in subparagraph (F) by striking ``and'' at the end;
and
(iv) 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
(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
(4) 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.--
[[Page H3431]]
(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
more than 0.5 percent of the recipient's total annual 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 section
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 a 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.
``(4) Registered apprenticeship program.--The term
`registered apprenticeship program' means an apprenticeship
program registered under the Act of August 16, 1937 (commonly
known as the `National Apprenticeship Act'; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.), including any
requirement, standard, or rule promulgated under such Act, as
such requirement, standard, or rule was in effect on December
30, 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 individuals with
disabilities; 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 that receives assistance under
this chapter, the recipient 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 Secretary 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 Secretary 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.
[[Page H3432]]
``(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.''.
(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.
Section 5314(a) of title 49, United States Code, is
amended--
(1) in paragraph (2) by inserting after subparagraph (H)
(as added by section 2104 of this Act) the following:
``(I) provide innovation and capacity-building to rural and
tribal public transportation recipients that do not duplicate
the activities of sections 5311(b) or 5312;''; and
(2) by adding at the end the following:
``(5) Availability of amounts.--Of the amounts made
available to carry out this section under section
5338(a)(2)(G)(i), $1,500,000 shall be available to carry out
activities described in paragraph (2)(I).''.
SEC. 2607. RESILIENT PUBLIC TRANSPORTATION STUDY.
(a) Study.--The Secretary of Transportation shall conduct a
study on resilience planning and innovative resilience
strategies for public transportation and shared mobility.
(b) Contents.--In carrying out the study under subsection
(a), the Secretary shall assess--
(1) best practices for making public transportation more
resilient to external shocks, such as pandemics and natural
hazards; and
(2) new materials and technologies that may improve the
resilience of public transportation and shared mobility,
including innovative transit vehicles, emerging electric
vehicle chassis platforms, and smart air quality control
systems.
(c) Partnerships.--In carrying out the study under
subsection (a), the Secretary shall consult with institutions
of higher education, as such term is defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001),
academic experts, and nonprofit organizations with expertise
in engineering, travel behavior, artificial intelligence,
policy analysis, planning, public healthy and safety, and
social and racial equity.
(d) Report.--Not later than 1 year 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 Commerce, Science,
and Transportation of the Senate a report containing the
results of the study conducted under subsection (a).
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, equity,
reduction of greenhouse gas emissions, or 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 advance equity
and reduce and mitigate social and economic impacts on
existing residents and businesses and communities
historically excluded from economic opportunities 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 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.
``(e) 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.
``(f) 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.
``(g) 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.
``(h) 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.
``(i) Savings Clause.--Nothing in this section authorizes
the Secretary to provide any financial assistance for the
construction of housing.
``(j) Priority for Low-Income Areas.--In awarding grants
under this section, the Secretary shall give priority to
projects under this section that expand or build transit in
low-income areas or that provide access to public
transportation to low-income areas that do not have access to
public transportation.''.
(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--
[[Page H3433]]
(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 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;
``(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;
and
``(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 further
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 up
to 5 percentage points greater to the economic development or
land use criterion and up to 5 percentage points lesser to
the lowest scoring criterion 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) by adding at the end the following:
``(B) establish a warrant that applies to the economic
development or land use 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) by adding at the end the
following:
``(E) 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 passenger boarding, alighting, and
securement consistent 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 consistent 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;
``(ii) transit vehicle manufacturers;
``(iii) representatives from organizations engaged in
collective bargaining on behalf of transit workers in not
fewer than three 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.
``(6) Rule of construction.--Nothing in this subsection may
be construed to allow the Secretary to waive any requirement
under any other provision of Federal law.''.
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.'';
[[Page H3434]]
(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
(including in the heading); 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 of Transportation 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 2022 through 2026.
(c) Grants.--The Secretary may enter into grants,
contracts, and cooperative agreements with no more than three
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.--
(1) In general.--The Secretary shall consider the
applicant's--
(A) 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;
(B) financing plan and cost share potential;
(C) technical experience developing or testing advanced
technologies in transit buses;
(D) commitment to frontline worker involvement; and
(E) other criteria that the Secretary determines are
necessary to carry out the program.
(2) Rule of construction.--Nothing in this subsection may
be construed to allow the Secretary to waive any requirement
under any other provision of Federal law.
(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.
SEC. 2806. PUBLIC TRANSPORTATION INNOVATION.
Section 5312(h)(2) of title 49, United States Code, is
amended by striking subparagraph (G).
SEC. 2807. TRANSIT VEHICLE BATTERY RECYCLING AND REUSE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
issue regulations that, notwithstanding any other provision
of law, allow recipients of funds under chapter 53 of title
49, United States Code, at the option of the recipient, to
repurpose, recycle, reuse, sell, or lease transit vehicle
batteries that are beyond the useful service life of such
batteries for the purpose of transit vehicle propulsion and
component parts of such batteries.
(b) Considerations.--In issuing regulations under
subsection (a), the Secretary shall prioritize second life
applications that--
(1) maximize the full use of transit vehicle batteries
beyond the useful life of such batteries for transit vehicle
propulsion and component parts of such batteries;
(2) enhance the reuse and recycling of transit vehicle
batteries, components, and component critical minerals of
such batteries;
(3) reduce costs for recipients;
(4) create new streams of revenue for recipients;
(5) support the provision of zero emission public
transportation service, which may include the use of wayside
charging; and
(6) enhance the resilience of public transportation and the
electric vehicle supply equipment network, which may include
the use of batteries for energy storage.
(c) Second Life Applications Defined.--In this section, the
term ``second life applications'' means the repurposing,
recycling, reuse, sale, or leasing of a transit vehicle
battery that is beyond the useful service life for the
purpose of transit vehicle propulsion and component parts of
such battery, but that retains utility for other
applications.
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 (e)(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,
2022, 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 2022, $150,000,000;
``(B) for fiscal year 2023, $155,000,000;
``(C) for fiscal year 2024, $160,000,000;
``(D) for fiscal year 2025, $165,000,000;
``(E) for fiscal year 2026, $170,000,000;
``(F) for fiscal year 2027, $175,000,000;
``(G) for fiscal year 2028, $180,000,000;
``(H) for fiscal year 2029, $185,000,000;
``(I) for fiscal year 2030, $190,000,000; and
``(J) for fiscal year 2031, $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 5338(a)(2)(C)'' and inserting ``section
5338(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 2023;
[[Page H3435]]
``(B) $61,856,134 shall be set aside in fiscal year 2024;
``(C) $62,845,832 shall be set aside in fiscal year 2025;
and
``(D) $63,832,511 shall be set aside in fiscal year
2026;'';
(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) in paragraph (7)--
(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'';
(B) by striking paragraph (6); and
(C) by redesignating paragraph (7), as so amended, as
paragraph (6);
(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:
``(4) 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, or that the annual operating
cost of the proposed project does not exceed 5 percent of the
annual cost to operate and maintain the overall public
transportation system of the applicant.
``(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 ``to carry out this
subsection.'' 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 one 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'';
(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
[[Page H3436]]
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.
``(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.''; and
(13) by striking ``an acceptable degree of'' and inserting
``a'' each place it appears.
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);
(2) in paragraph (1) by striking ``and'' at the end; and
(3) 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 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
[[Page H3437]]
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''.
SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NATIONAL
ENVIRONMENTAL POLICY ACT OF 1969 TO FEDERALLY
FUNDED BUS SHELTERS.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall issue best
practices on the application of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to federally
funded bus shelters to assist recipients of Federal funds in
receiving exclusions permitted by law.
SEC. 2918. CAPITAL INVESTMENT GRANT STREAMLINING.
(a) In General.--Section 3005(b) of the FAST Act (Public
Law 116-94) is repealed.
(b) Grandfather Clauses.--For any projects that have
submitted an application or are being evaluated under the
program described in section 3005(b) of such Act prior to the
date of enactment of this Act, the Secretary shall--
(1) continue to administer the project under the terms of
such section as it existed on the day prior to the date of
enactment of this Act; and
(2) for purposes of providing Federal assistance to such
project (and notwithstanding any other provision of law),
provide such funds as may be necessary from the amounts
provided in section 5338(b) of title 49, United States Code,
and division A of this Act.
SEC. 2919. DISPOSITION OF ROLLING STOCK TO IMPROVE AIR
QUALITY GOALS.
Section 5334 of title 49, United States Code, is further
amended by adding at the end the following:
``(m) Disposition of Rolling Stock to Meet Air Quality
Goals.--
``(1) In general.--If a recipient, or subrecipient, for
assistance under this chapter disposes of rolling stock with
a current market value, or proceeds from the disposition of
such rolling stock, acquired under this chapter at least in
part with such assistance, before such rolling stock has
reached its useful life, the Secretary may allow the
recipient, or subrecipient, to use the proceeds attributable
to the Federal share of such rolling stock calculated under
paragraph (3) for capital projects under section 5307, 5310,
or 5311 without need for repayment of the Federal financial
interest.
``(2) Covered rolling stock.--This subsection shall only
apply to rolling stock disposed of--
``(A) which are replaced by rolling stock that will help
improve attainment of air quality goals compared to the
rolling stock being replaced; and
``(B) for which the recipient is located in an area that is
designated as a nonattainment area for particulate matter
under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)).
``(3) Calculation of federal share attributable.--The
proceeds attributable to the Federal share of rolling stock
described in paragraph (1) shall be calculated by
multiplying--
``(A) the current market value of, or the proceeds from the
disposition of, such asset; and
``(B) the Federal share percentage for the acquisition of
such asset at the time of acquisition of such asset.''.
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 2023;
(B) $382,400,000 for fiscal year 2024;
(C) $386,500,000 for fiscal year 2025; and
(D) $390,400,000 for fiscal year 2026.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $182,495,000 for fiscal year 2023;
(B) $184,795,000 for fiscal year 2024;
(C) $187,795,000 for fiscal year 2025; and
(D) $190,695,000 for fiscal year 2026.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $384,119,000 for fiscal year 2023;
(B) $393,205,000 for fiscal year 2024;
(C) $402,205,000 for fiscal year 2025; and
(D) $411,388,000 for fiscal year 2026.
(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 2023;
(B) $5,800,000 for fiscal year 2024;
(C) $5,900,000 for fiscal year 2025; and
(D) $6,000,000 for fiscal year 2026.
(5) High-visibility enforcement program.--For carrying out
section 404 of title 23, United States Code--
(A) $60,200,000 for fiscal year 2023;
(B) $60,600,000 for fiscal year 2024;
(C) $60,800,000 for fiscal year 2025; and
(D) $61,200,000 for fiscal year 2026.
(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 2023;
(B) $31,000,000 for fiscal year 2024;
(C) $31,500,000 for fiscal year 2025; and
(D) $31,917,000 for fiscal year 2026.
(7) Center for fair and equitable traffic safety
enforcement.--For carrying out section 3003 of this title,
$35,000,000 for each of fiscal years 2023 through 2026.
(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 2023 through
2026 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.
[[Page H3438]]
SEC. 3002. HIGHWAY SAFETY PROGRAMS.
Section 402 of title 23, United States Code, is amended--
(1) in subsection (a) 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)--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Additional uses.--In addition to uses authorized
under paragraph (1) and as approved by the Secretary, States
may use funds under this section to--
``(A) educate the public on the dangers of pediatric
vehicular hyperthermia;
``(B) purchase and distribute child restraints to low-
income families; and
``(C) 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 passing an emergency,
law enforcement, or other vehicle stopped or parked on or
near the roadway.''.
(C) in paragraph (5), as so redesignated)--
(i) by striking subparagraph (C);
(ii) by redesignating subparagraph (B) as subparagraph (D);
and
(iii) 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. FAIR AND EQUITABLE TRAFFIC SAFETY ENFORCEMENT.
(a) In General.--The Secretary of Transportation shall make
grants under this section to an eligible nonprofit
institution of higher education with demonstrated expertise
in promoting fair and equitable traffic safety enforcement to
establish and operate a national center of excellence for
fair and equitable traffic safety enforcement (in this
section referred to as the ``Center'').
(b) Purpose.--The purpose of the Center shall be to promote
fair and equitable traffic safety enforcement with the goal
of reducing traffic fatalities and injuries.
(c) Role of Center.--The role of the Center shall be to
establish and operate a national fair and equitable traffic
safety enforcement clearinghouse to--
(1) develop data collection systems to promote fair and
equitable traffic safety enforcement solutions, including
assisting States participating in the program established
under section 403(j) of title 23, United States Code, (as
added by this Act) share data collected to a national
database;
(2) develop recommendations for States to improve data
collection on law enforcement programs carried out under
sections 402 and 405 of this title in order to promote fair
and equitable traffic safety enforcement programs;
(3) provide technical assistance to States on the
implementation of the program established under section
403(j) of title 23, United States Code, as added by this Act;
(4) research and disseminate best practices for
implementing equitable traffic safety enforcement programs;
and
(5) develop information and educational programs on
implementing equitable traffic safety enforcement best
practices.
(d) Consultation.--In carrying out the activities under
paragraphs (4) and (5) of subsection (c), the Center shall
consult with relevant stakeholders, including--
(1) civil rights organizations;
(2) traffic safety advocacy groups;
(3) law enforcement representatives;
(4) State highway safety offices; and
(5) such other surface transportation stakeholders and
industry experts as the Center considers appropriate.
(e) Report to Congress.--Not later than 2 years after the
establishment of the Center under subsection (a), 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 on progress made toward meeting the goals established
under subsection (b).
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;
``(B) evaluating the results of such data; and
``(C) developing and implementing programs to reduce the
occurrence of racial profiling.
``(3) Limitations.--The total amount of grants made to a
State under this section in a fiscal year may not exceed--
``(A) 10 percent of the amount made available to carry out
this section in the fiscal year for States eligible under
paragraph (1)(A); and
``(B) 5 percent of the amount made available to carry out
this section in the fiscal year for States eligible under
paragraph (1)(B).
``(4) Funding.--From funds made available under this
section, the Secretary shall set aside $15,000,000 for each
fiscal year to carry out this subsection.''.
SEC. 3006. NATIONAL SAFETY CAMPAIGNS.
(a) In General.--Section 404 of title 23, United States
Code, is amended to read as follows:
``Sec. 404. National safety campaigns
``(a) In General.--The Secretary shall establish and
administer a program under which not less than 3 high-
visibility enforcement campaigns and not less than 3 public
awareness campaigns will be carried out in each of fiscal
years 2023 through 2026.
``(b) High-visibility Enforcement.--In carrying out the
requirements under paragraph (a), the Secretary shall ensure
that in each fiscal year not less than 1 high-visibility
enforcement campaign is carried out to--
``(1) reduce alcohol-impaired operation of a motor vehicle;
``(2) reduce alcohol-impaired and drug-impaired operation
of a motor vehicle; and
``(3) increase use of seatbelts by occupants of motor
vehicles.
``(c) Public Awareness.--The purpose of each public
awareness campaign carried out under this section shall be to
achieve outcomes related to not less than 1 of the following
objectives:
``(1) Increase the proper use of seatbelts and child
restraints by occupants of motor vehicles.
``(2) Reduce instances of distracted driving.
``(3) Reduce instances of speeding by drivers.
``(d) Advertising.--The Secretary may use, or authorize the
use of, funds available to carry out this section to pay for
the development, production, and use of broadcast and print
media advertising and Internet-based outreach in carrying out
campaigns under this section. In allocating such funds,
consideration shall be given to advertising directed at non-
English speaking populations, including those who listen to,
read, or watch nontraditional media.
``(e) Coordination With States.--The Secretary shall
coordinate with States in carrying out the high-visibility
enforcement campaigns under this section, including
advertising funded under subsection (d), with consideration
given to--
``(1) relying on States to provide law enforcement
resources for the campaigns out of funding made available
under sections 402 and 405; and
``(2) providing, out of National Highway Traffic Safety
Administration resources, most of the means necessary for
national advertising and education efforts associated with
the campaigns.
``(f) Coordination of Dynamic Highway Message Signs.--
During national high-visibility enforcement emphasis periods
supported by these funds, the Federal Highway Administration
and the National Highway Traffic Safety Administration shall
coordinate with State
[[Page H3439]]
departments of transportation on the use of dynamic highway
message signs to support high-visibility national emphasis
activities.
``(g) Use of Funds.--Funds made available to carry out this
section may be used only for activities described in
subsections (c) and (d).
``(h) Definition.--In this section:
``(1) Campaign.--The term `campaign' means a high-
visibility traffic safety law enforcement campaign or a
traffic safety public awareness campaign.
``(2) Dynamic highway.--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 travelers.
``(3) State.--The `State' has the meaning given that term
in section 401.''.
(b) Clerical Amendment.--The item relating to section 404
in the analysis for chapter 4 of title 23, United States
Code, is amended to read as follows:
``404. National safety campaigns.''.
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 ``subsections (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'';
(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), (9), and (10) as
paragraphs (9), (10), and (11), 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 inserting ``The remaining 10 percent of such funds
shall be used to carry out subsection (A)(v).'' after
``section 402.'';
(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 information technology for
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 used to identify, collect, and
report State safety data to support State efforts to improve
State traffic safety information systems;
``(D) linking core highway safety databases of a State with
such databases of other States;
``(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) costs associated with training State and local
personnel on ways to improve State traffic safety information
systems;
``(G) hiring a Fatality Analysis Reporting System liaison
for a State; and
``(H) 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 at the time of, or prior
to, a conviction of driving under the influence of alcohol or
of driving while intoxicated;
``(ii) does not allow any individual required to have an
ignition interlock for driving privileges to drive a motor
vehicle unless such individual installs an ignition interlock
for a minimum 180-day 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 180-day interlock period
unless the driver successfully completes an appeal process;
and
``(II) a compliance-based removal program in which an
individual required to install an ignition interlock for a
minimum 180-day interlock period and have completed a minimum
consecutive period of not less than 60 days of the required
interlock period immediately preceding the date of release,
without a confirmed violation, as defined by State law or
regulations, 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), (C), and
(D), 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).
``(D) Texting while driving.--Notwithstanding subparagraphs
(B) and (C), a State shall be allocated 25 percent of the
amount calculated under subparagraph (A) if such State has
enacted and is enforcing a law that prohibits a driver from
viewing a personal wireless communication device, except for
the purpose of navigation.
``(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
[[Page H3440]]
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.'';
(8) by amending subsection (h)(4) to read as follows:
``(4) Use of grant amounts.--Grant funds received by a
State under this subsection may be used for the safety of
pedestrians and bicyclists, including--
``(A) training of law enforcement officials on pedestrian
and bicycle safety, State laws applicable to pedestrian and
bicycle safety, and infrastructure designed to improve
pedestrian and bicycle safety;
``(B) carrying out a program to support enforcement
mobilizations and campaigns designed to enforce State traffic
laws applicable to pedestrian and bicycle safety;
``(C) public education and awareness programs designed to
inform motorists, pedestrians, and bicyclists about--
``(i) pedestrian and bicycle safety, including information
on nonmotorized mobility and the important of speed
management to the safety of pedestrians and bicyclists;
``(ii) the value of the use of pedestrian and bicycle
safety equipment, including lighting, conspicuity equipment,
mirrors, helmets and other protective equipment, and
compliance with any State or local laws requiring their use;
``(iii) State traffic laws applicable to pedestrian and
bicycle safety, including motorists' responsibilities towards
pedestrians and bicyclists; and
``(iv) infrastructure designed to improve pedestrian and
bicycle safety; and
``(D) data analysis and research concerning pedestrian and
bicycle safety.''; and
(9) 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--
[[Page H3441]]
``(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''.
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)) to carry out research, development,
technology transfer, and training activities 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 $20,000,000 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
[[Page H3442]]
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).
SEC. 3015. COMPTROLLER GENERAL STUDY ON NATIONAL DUI
REPORTING.
(a) In General.--The Comptroller General of the United
States shall conduct a study on the reporting of alcohol-
impaired driving arrest and citation results into Federal
databases to facilitate the widespread identification of
repeat impaired driving offenders.
(b) Inclusions.--The study conducted under subsection (a)
shall include a detailed assessment of--
(1) the extent to which State and local criminal justice
agencies are reporting alcohol-impaired driving arrest and
citation results into Federal databases;
(2) barriers on the Federal, State, and local levels to the
reporting of alcohol-impaired driving arrest and citation
results into Federal databases, as well as barriers to the
use of those systems by criminal justice agencies;
(3) Federal, State, and local resources available to
improve the reporting of alcohol-impaired driving arrest and
citation results into Federal databases;
(4) recommendations for policies and programs to be carried
out by the National Highway Traffic Safety Administration;
and
(5) recommendations for programs and grant funding to be
authorized by Congress.
(c) 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 appropriate committees of Congress
a report on the results of the study conducted under
subsection (a).
SEC. 3016. REPORT ON IMPAIRED DRIVING.
Not later than 2 years after the date of enactment of this
Act, the Secretary of Transportation, in consultation with
the heads of appropriate Federal agencies, State highway
safety offices, State toxicologists, traffic safety
advocates, and other interested parties, shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that, using the
National Safety Council model guidelines for toxicology
testing--
(1) identifies any barriers that States encounter in
submitting the alcohol and drug toxicology results to the
Fatality Analysis Reporting System;
(2) provides recommendations on how to address any barriers
identified under paragraph (1);
(3) provides further steps that the Secretary, acting
through the Administrator of the National Highway Traffic
Safety Administration, shall take to assist States in
improving--
(A) toxicology testing in cases of motor vehicle crashes;
and
(B) the reporting of alcohol and drug toxicology results in
cases of motor vehicle crashes.
SEC. 3017. IMPAIRED DRIVING COUNTERMEASURE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) a priority should be placed on creating State systems,
programs, and processes that improve impaired driving
detection in cases in which alcohol, drugs, and especially
multiple substances are involved;
(2) States and communities should have access to a broader
range of countermeasures, technologies, and resources to
address multiple substance impaired driving; and
(3) increased Federal funding should be made available for
efforts to improve public safety through the approaches
described in paragraphs (1) and (2).
(b) Purpose.--The purpose of this section is to increase
national investment in, and maximize the use of, innovative
programs and technologies to eliminate multiple substance
impaired driving.
(c) Impaired Driving Countermeasures.--Section 405(d) of
title 23, United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (B)--
(i) by striking clause (iii) and inserting the following:
``(iii)(I) court support of high-visibility enforcement
efforts;
``(II) hiring criminal justice professionals, including law
enforcement officers, prosecutors, traffic safety resource
prosecutors, judges, judicial outreach liaisons, and
probation officers;
``(III) training and education of the criminal justice
professionals described in subclause (II) to assist those
professionals in preventing impaired driving and handling
impaired driving cases, including by providing compensation
to a law enforcement officer to replace a law enforcement
officer who is--
``(aa) receiving such drug recognition expert training; or
``(bb) participating as an instructor in such drug
recognition expert training; and
``(IV) establishing driving while intoxicated courts;'';
(ii) by striking clauses (v) and (vi) and inserting the
following:
``(v) improving--
``(I) blood alcohol concentration screening and testing;
``(II) the detection of potentially impairing drugs,
including through the use of oral fluid as a specimen; and
``(III) reporting relating to the testing and detection
described in subclauses (I) and (II);
``(vi)(I) paid and earned media in support of high-
visibility enforcement efforts;
``(II) conducting initial and continuing--
``(aa) standardized field sobriety training, advanced
roadside impaired driving enforcement training, and drug
recognition expert training for law enforcement; and
``(bb) law enforcement phlebotomy training; and
``(III) to purchase equipment to carry out impaired driving
enforcement activities authorized by this subsection;'';
(iii) in clause (ix), by striking ``and'' at the end;
(iv) in clause (x), by striking the period at the end and
inserting ``; and''; and
(v) by adding at the end the following:
``(xi) testing and implementing programs and purchasing
technologies to better identify, monitor, or treat impaired
drivers, including--
``(I) oral fluid screening technologies;
``(II) electronic warrant programs;
``(III) equipment to increase the scope, quantity, quality,
and timeliness of forensic toxicology chemical testing;
``(IV) case management software to support the management
of impaired driving offenders; and
``(V) technology to monitor impaired driving offenders.'';
and
(B) in subparagraph (C)--
(i) in the second sentence, by striking ``Medium-range''
and inserting the following:
``(ii) Medium-range and high-range states.--Subject to
clause (iii), medium-range'';
(ii) in the first sentence, by striking ``Low-range'' and
inserting the following:
``(i) Low-range states.--Subject to clause (iii), low-
range''; and
(iii) by adding at the end the following:
``(iii) All states.--
``(I) Reporting of impaired driving criminal justice
information.--A State may use grant funds for any expenditure
designed to increase the timely and accurate reporting of
crash information, including electronic crash reporting
systems that allow accurate real-time or near real-time
uploading of crash information, and impaired driving criminal
justice information to Federal, State, and local databases.
``(II) Impaired driving countermeasures.--A State may use
grant funds for any expenditure to research or evaluate
impaired driving countermeasures.''; and
(2) in paragraph (7)(A), in the matter preceding clause
(i), by inserting ``or local'' after ``authorizes a State''.
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):
``(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 2023;
``(B) $398,700,000 for fiscal year 2024;
``(C) $408,900,000 for fiscal year 2025; and
``(D) $418,425,000 for fiscal year 2026.
``(2) High-priority activities program.--Subject to
subsection (c), to carry out section 31102(l)--
``(A) $72,604,000 for fiscal year 2023;
``(B) $74,424,000 for fiscal year 2024;
``(C) $76,328,000 for fiscal year 2025; and
``(D) $78,106,000 for fiscal year 2026.
``(3) Commercial motor vehicle operators grant program.--To
carry out section 31103--
``(A) $1,037,200 for fiscal year 2023;
``(B) $1,063,200 for fiscal year 2024;
``(C) $1,090,400 for fiscal year 2025; and
``(D) $1,115,800 for fiscal year 2026.
``(4) Commercial driver's license program implementation
program.--Subject to subsection (c), to carry out section
31313--
``(A) $56,008,800 for fiscal year 2023;
``(B) $57,412,800 for fiscal year 2024;
``(C) $58,881,600 for fiscal year 2025; and
``(D) $60,253,200 for fiscal year 2026.'';
(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 1.8
percent of those amounts for partner training and program
support in that fiscal year.
``(2) Use of funds.--The Secretary shall use at least 50
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,
through a competitive grant, 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.'';
[[Page H3443]]
(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)(B) 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 2023;
``(2) $381,500,000 for fiscal year 2024;
``(3) $382,500,000 for fiscal year 2025; and
``(4) $384,500,000 for fiscal year 2026.''.
(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)'';
(2) in paragraph (2)(F)(ii)(II) by inserting ``,
specifically including the priority activities described in
paragraph (4)'' after ``required for participation''; and
(3) by adding at the end the following:
``(4) Prioritization of immobilizing unsafe passenger-
carrying commercial motor vehicles.--
``(A) In general.--The Secretary shall prioritize the
awarding of discretionary grants to States for activities
related to paragraph (2)(F)(II) for the enforcement of out of
service orders if such vehicles are found to be unsafe or
have violated a Federal out of service order.
``(B) Eligibility.--To be eligible for a grant described
under this paragraph, a State shall have the authority to
require the immobilization or impoundment of a passenger-
carrying commercial motor vehicle if such vehicle is found to
be unsafe or fail inspection or to have violated a Federal
out of service order.
``(C) Use of funds.--Grant funds received under this
paragraph may be used for--
``(i) the immobilization or impoundment of commercial motor
vehicles that are unsafe, fail inspection, or have violated a
Federal out of service order;
``(ii) safety inspections of vehicles described in clause
(i);
``(iii) other activities related to the activities
described in clauses (i) and (ii), as determined by the
Secretary.
``(D) Passenger-carrying commercial motor vehicle
defined.--In this paragraph, the term `passenger-carrying
commercial motor vehicle' has the meaning given such term in
section 31301.''.
SEC. 4104. OPERATION OF SMALL COMMERCIAL VEHICLES STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
initiate a review of the prevalence of, characteristics of,
and safe operation of commercial vehicles that have a gross
vehicle weight rating or gross vehicle weight below 10,000
pounds, and are utilized in package delivery of goods moving
in interstate commerce.
(b) Independent Research.--If the Secretary decides to
enter into a contract with a third party to perform the
research required under subsection (a), the Secretary shall--
(1) solicit applications from research institutions that
conduct objective, fact-based research to conduct the study;
and
(2) ensure that such third party does not have any
financial or contractual ties with an entity engaged in
interstate commerce utilizing commercial vehicles or
commercial motor vehicles.
(c) Entities Included.--As part of the review, the
Secretary shall collect information from a cross-section of
companies that use fleets of such vehicles for package
delivery in interstate commerce, including companies that--
(1) directly perform deliveries;
(2) use contracted entities to perform work; and
(3) utilize a combination of direct deliveries and contract
entities.
(d) Evaluation Factors.--The review shall include an
evaluation of the following:
(1) Fleet characteristics, including fleet structure, and
vehicle miles traveled.
(2) Fleet management, including scheduling of deliveries
and maintenance practices.
(3) Driver employment characteristics, including the basis
of compensation and classification.
(4) How training, medical fitness, hours on duty, and
safety of drivers is evaluated and overseen by companies,
including prevention of occupational injuries and illnesses.
(5) Safety performance metrics, based on data associated
with the included entities, including crash rates, moving
violations, failed inspections, and other related data
points.
(6) Financial responsibility and liability for safety or
maintenance violations among companies, fleet managers, and
drivers.
(7) Loading and unloading practices, and how package volume
and placement in the vehicle is determined.
(8) Information on the use of driver safety applications,
if applicable.
(9) Information on work-related injury and illness data of
drivers.
(10) Other relevant information determined necessary by the
Secretary in order to make recommendations under subsection
(e).
(e) Report and Recommendations.--Upon completion of the
review, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce of the Senate a
report containing--
(1) the findings of the Secretary on each of the factors in
(d);
(2) a list of regulations applicable to commercial motor
vehicles and commercial motor vehicle operators that are not
applicable to commercial vehicle operations described in this
section; and
(3) recommendations, based on the findings, on changes to
laws or regulations at the Federal, State, or local level to
promote safe operations and safe and fair working conditions
for commercial vehicle operators.
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, 2026''.
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, as appropriate under a revised methodology.
(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--
[[Page H3444]]
(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 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''.
SEC. 4207. BROKER GUIDANCE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
issue guidance to clarify the definitions of the terms
``broker'' and ``bona fide agents'' under part 371 of title
49, Code of Federal Regulations.
(b) Considerations.--In issuing the guidance under
subsection (a), the Secretary shall consider the extent to
which technology has changed the nature of freight brokerage,
the role of bona fide agents, and other aspects of the
freight transportation industry.
(c) Dispatch Services.--In issuing the guidance under
subsection (a), the Secretary shall, at a minimum--
(1) examine the role of a dispatch service in the
transportation industry;
(2) examine the extent to which dispatch services could be
considered brokers or bona fide agents; and
(3) clarify the level of financial penalties for
unauthorized brokerage activities under section 14916 of
title 49, United States Code, applicable to a dispatch
service.
SEC. 4208. REVIEW OF LABOR LAWS.
(a) Registration.--Section 13902(a)(1)(A) of title 49,
United States Code, is amended--
(1) in clause (v) by striking ``and'' at the end;
(2) in clause (vi) by striking the semicolon and
interesting ``; and''; and
(3) by adding at the end of the following:
``(vii) applicable labor and employment laws and
regulations, including wage and hour and workplace safety
laws and regulations, relevant to the safe operation of a
motor carrier;''.
[[Page H3445]]
(b) Agency Review.--Not later than 6 months after the
enactment of this Act, the Secretary and Transportation and
the Secretary of Labor shall initiate a process to--
(1) review the relationship between labor and employment
laws and regulations and motor carrier safety laws and
regulations, including hours of service rules;
(2) evaluate labor and employment laws and regulations
likely to be relevant to the safe operation of a motor
carrier;
(3) assess the availability of datasets, gaps in available
data, and opportunities to gather and share useful data to
better understand the relationship between labor and
employment laws and regulations and the safety performance of
a motor carrier; and
(4) assess the feasibility of utilizing available data,
including data on violations of labor and employment laws and
regulations, to improve the Secretary's safety oversight of a
motor carrier.
(c) Report.--No later than 18 months after initiation of
the process under subsection (b), the Secretary of
Transportation and Secretary of Labor shall submit to
Congress a report containing--
(1) the findings of the process undertaken under subsection
(b);
(2) any proposed actions to be taken by either the
Secretary of Transportation or the Secretary of Labor as a
result of such findings; and
(3) any recommendations to Congress to implement such
proposed actions.
(d) Updates.--Following completion of the agency review
under subsection (b), the Secretary of Transportation may
initiate a rulemaking addressing the periodic monitoring of
information to ensure compliance with section
13902(a)(1)(A)(vi) of title 49, United States Code, including
any required documentation that a motor carrier is required
to submit.
Subtitle C--Commercial Motor Vehicle Driver Safety
SEC. 4301. COMMERCIAL DRIVER'S LICENSE FOR PASSENGER
CARRIERS.
Section 31301 of title 49, United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (B) by striking ``or'';
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following:
``(C) is designed or used as a stretch limousine; or'';
(2) by redesignating paragraph (15) as paragraph (16); and
(3) by inserting after paragraph (14) the following:
``(15) `stretch limousine' means any sedan or sports
utility vehicle that--
``(A) has been modified to add seating capacity to that
provided by the vehicle manufacturer through an extended
chassis, lengthened wheelbase, or an elongated seating area;
``(B) as modified, has a seating capacity of more than 8
passengers (including the driver);
``(C) is used under trip-by-trip contracts for the
transportation of passengers for compensation on a
prearranged basis; and
``(D) is not used for public transportation service, as
such term is defined in section 5302.''.
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 30 days after the date of enactment of this
Act, 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, 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
property-carrying 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 property-carrying commercial motor vehicle
drivers, including port drayage drivers;
(6) resources to assist property-carrying commercial motor
vehicle drivers in assessing the impacts of leasing
agreements; and
(7) the classification of property-carrying 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) 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) Changes to regulations.--In carrying out the
comprehensive review under paragraph (1) and the required
analyses under paragraphs (3) and (4), the Secretary shall
consider the modifications made in the final rule published
on June 1, 2020, titled ``Hours of Service of Drivers'' (85
Fed. Reg. 33396) and evaluate the impacts of the allowance to
operate in excess of the limits in effect prior to June 1,
2020.
(3) 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
[[Page H3446]]
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.
(4) 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.
(5) 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.
(b) 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.
(c) 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.
(d) 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).
(e) Replacement of Guidance.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall
initiate a rulemaking to update 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) to
prescribe specific mileage or time limits, or both, for the
use of personal conveyance.
(f) 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.
(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 1 year 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) Commercial Motor Vehicle Defined.--In this section, the
term ``commercial motor vehicle'' has the meaning given such
term in section 31132 of title 49, United States Cod
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.
[[Page H3447]]
(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 seven 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 one shall be a representative of large
trucking companies;
(B) not fewer than one shall be a representative of mid-
sized trucking companies;
(C) not fewer than one shall be a representative of small
trucking companies;
(D) not fewer than one shall be a representative of
nonprofit organizations in the trucking industry;
(E) not fewer than one shall be a representative of
trucking business associations;
(F) not fewer than one shall be a representative of
independent owner-operators; and
(G) not fewer than one 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).
(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.
SEC. 4310. APPLICATION OF COMMERCIAL MOTOR VEHICLE SAFETY.
(a) Definition.--Section 31301(14) of title 49, United
States Code, is amended--
(1) by striking ``and'' and inserting a comma; and
(2) by inserting ``, and Puerto Rico'' before the period.
(b) Implementation.--The Administrator of the Federal Motor
Carrier Safety Administration shall work with the
Commonwealth of Puerto Rico on obtaining full compliance with
chapter 313 of title 49, United States Code, and regulations
adopted under that chapter.
(c) Grace Period.--Notwithstanding section 31311(a) of
title 49, United States Code, during a 5-year period
beginning on the date of enactment of this Act, the
Commonwealth of Puerto Rico shall not be subject to a
withholding of an apportionment of funds under paragraphs (1)
and (2) of section 104(b) of title 23, United States Code,
for failure to comply with any requirement under section
31311(a) of title 49, United States Code.
SEC. 4311. USE OF DATA.
Section 31137(e) of title 49, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``only''; and
(B) by striking ``, including record-of-duty status
regulations'' and inserting ``and to conduct transportation
research utilizing such data'';
(2) in paragraph (2) by striking ``to enforce the
regulations referred to in'' and inserting ``for purposes
authorized under''; and
(3) by amending paragraph (3) to read as follows:
``(3) Research data.--The Secretary shall institute
appropriate measures to protect the privacy of individuals,
operators, and motor carriers when data obtained from an
electronic logging device is used for research pursuant to
this section and such research is made available to the
public.''.
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 investigations and 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;
(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 3 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
[[Page H3448]]
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) School Bus Temperature Safety Study and Report.--Not
later than 1 year after the date of enactment of this Act,
the Secretary shall study and issue a report on the safety
implications of temperature controls in school buses. The
study and report shall include--
(1) an analysis of the internal temperature in school buses
without air conditioning in weather between 80 and 110
degrees Fahrenheit;
(2) the collection and analysis of data on temperature-
related injuries to students, including heatstroke and
dehydration;
(3) the collection of data on how many public school
districts currently operate buses without air conditioning;
and
(4) recommendations for preventing heat related illnesses
for children on school buses.
(f) 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 vulnerable road users 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) Illegal Passing Research.--
(1) In general.--The Secretary of Transportation shall
conduct research to determine--
(A) drivers' knowledge of and attitudes towards laws
governing passing of a school bus under the State in which
the driver lives;
(B) the effectiveness of automated school bus camera
enforcement systems in reducing school bus passing
violations;
(C) whether laws that require automated school bus camera
systems to capture images of a driver's face impact the
ability of States to enforce such laws;
(D) the effectiveness of public education on illegal school
bus passing laws in reducing school bus passing violations;
and
(E) the most-effective countermeasures to address illegal
passing of school buses and best practices for States to
reduce the number of illegal passing violations.
(2) Report to congress.--Not 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 Commerce,
Science, and Transportation of the Senate a report detailing
the research and findings required under paragraph (1).
(3) Publication.--The Secretary shall make publicly
available on the website of the Department the report
required under paragraph (2) not later than 30 days after the
report is submitted under such paragraph.
(b) Public Safety Messaging Campaign.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall create and
disseminate a public safety messaging campaign, including
public safety media messages, posters, digital, and other
media messages for distribution to States, divisions of motor
vehicles, schools, and other public outlets to highlight the
dangers of illegally passing school buses, including
educational materials for students and the public on the
safest school bus loading and unloading procedures.
(2) Consultation.--The Secretary shall consult with public
and private school bus industry representatives and States in
developing the materials and messages required under
paragraph (1).
(3) Update.--The Secretary shall periodically update the
materials used in the campaign.
(c) Review of Advanced School Bus Safety Technologies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete a review
of advanced school bus safety technologies to assess their
feasibility, benefits, and costs. The review shall include--
(A) an evaluation of motion-activated alert systems that
are capable of detecting and alerting the school bus driver
to students, pedestrians, bicyclists, and other vulnerable
road users located near the perimeter of the school bus;
(B) an evaluation of advanced school bus flashing lighting
systems to improve communication to surrounding drivers;
(C) an evaluation of early warning systems, including
radar-based warning systems, to alert school bus drivers and
students near the school bus that an approaching vehicle is
likely to engage in an illegal passing; and
(D) other technologies that enhance school bus safety, as
determined by the Secretary.
(2) Publication.--The Secretary shall make the findings of
the review publicly available on the website of the
Department not later than 30 days after its completion.
(d) GAO Review of State Illegal Passing Laws and Driver
Education.--
(1) In general.--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 Commerce, Science, and Transportation of the
Senate a report examining State laws and driver education
efforts regarding illegal passing of school buses.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) an overview of each State's illegal school bus passing
laws, including how the laws are enforced and what penalties
are imposed on violators;
(B) a review of each State's driver education efforts
regarding illegal passing of school buses to determine how
each State educates and evaluates new drivers on laws
governing passing of a school bus; and
(C) recommendations on how States can improve driver
education and awareness of the dangers of illegally passing
school buses.
SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL
MOTOR VEHICLES.
(a) Review of State Inspection Practices.--The Secretary of
Transportation shall conduct a review of Federal Motor
Carrier Safety Regulations related to annual inspection of
commercial motor vehicles carrying passengers to determine--
(1) different inspection models in use for commercial motor
vehicles carrying passengers to satisfy the Federal
inspection requirement;
(2) the number of States that have mandatory annual State
vehicle inspections and whether such inspections are used to
satisfy the Federal inspection requirement for commercial
motor vehicles carrying passengers;
(3) the extent to which passenger carriers utilize self-
inspection to satisfy the Federal inspection requirement;
(4) the number of States that have the authority to require
the immobilization of impoundment of a commercial motor
vehicle carrying passengers if such a vehicle fails
inspection; and
(5) the impact on the safety of commercial motor vehicles
carrying passengers, based on the inspection model employed.
(b) Report to Congress.--Not later than 1 year after the
enactment of this Act, 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) the findings of the review conducted under subsection
(a); and
(2) recommendations on changes to the Secretary's
inspection program regulations to improve the safety of
commercial motor vehicles carrying passengers.
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 subject to Federal motor vehicle
safety standard 136 under section 571.136 of title 49, Code
of Federal Regulations, (relating to electronic stability
control systems for heavy 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 applicable 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 applicable 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 applicable
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 subject to Federal motor vehicle safety standard 136
under section 571.136 of title 49, Code of Federal
Regulations,(relating to electronic stability control systems
for heavy vehicles) 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.
[[Page H3449]]
(c) Report on Automatic Emergency Braking in Medium-duty
Commercial Motor Vehicles.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall,
with respect to commercial motor vehicles not subject to
Federal motor vehicle safety standard 136 under section
571.136 of title 49, Code of Federal Regulations--
(A) complete research on equipping commercial motor
vehicles with automatic emergency braking systems to better
understand the overall effectiveness of such systems on a
variety of commercial motor vehicles;
(B) assess the feasibility of installing automatic
emergency braking systems on newly manufactured commercial
motor vehicles with a gross vehicle weight rating of 10,001
pounds or more; and
(C) if warranted, develop performance standards for such
automatic emergency braking systems.
(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 automatic
emergency braking systems.
(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 paragraph (1)(B);
(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 automatic emergency
braking systems for applicable commercial motor vehicles,
including any analysis that led to such determination.
(d) 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 vulnerable road users 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 two 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:
``(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 two or more levels stacked on
top of each other.
[[Page H3450]]
``(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.''.
SEC. 4409. UNIVERSAL ELECTRONIC IDENTIFIER.
Not later than 2 years after the date of enactment of this
Act, the Secretary of Transportation shall issue a final
motor vehicle safety standard that requires a commercial
motor vehicle manufactured after the effective date of such
standard to be equipped with a universal electronic vehicle
identifier that provides a single point of data, such as the
vehicle identification number, that--
(1) identifies the vehicle for compliance, inspection, or
enforcement purposes;
(2) does not transmit personally identifiable information
regarding operators; and
(3) does not create an undue cost burden for operators and
carriers.
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 2023 through 2026.
(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 2023 through 2026.
(3) Training and education.--To carry out section 504 of
title 23, United States Code, $26,000,000 for each of fiscal
years 2023 through 2026.
(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 2023 through 2026.
(5) University transportation centers program.--To carry
out section 5505 of title 49, United States Code, $96,000,000
for each of fiscal years 2023 through 2026.
(6) Bureau of transportation statistics.--To carry out
chapter 63 of title 49, United States Code, $27,000,000 for
each of fiscal years 2023 through 2026.
(b) Additional Programs.--The following amounts are
authorized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account):
(1) 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 2023 through 2026 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 2023 through 2026 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 5509 of title
49, United States Code, $2,000,000 for each of fiscal years
2023 through 2026 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 2023
through 2026 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 2023 through 2026 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)--
(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) in subparagraph (C)--
(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 inserting at the end the following:
``(vi) establishing best practices and creating models and
tools to support metropolitan and statewide planning
practices to meet the considerations described in sections
134(i)(2)(I) and 135(f)(10) of this title, including--
``(I) strategies to address climate change mitigation and
impacts described in sections 134(i)(2)(I)(ii) and
135(f)(10)(B) of this title and the incorporation of such
strategies into long range transportation planning;
``(II) preparation of a vulnerability assessment described
in sections 134(i)(2)(I)(iii) and 135(f)(10)(C) of this
title; and
``(III) integration of these practices with the planning
practices described in sections 5303(i)(2)(I) and 5304(f)(10)
of title 49.'';
(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;
[[Page H3451]]
``(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 2023 through 2026 to carry out this paragraph.''.
(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 and deployment of materials that will
capture, absorb, adsorb, 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.--Activities under this section may
include--
``(A) carrying out research to determine the materials
proven to most effectively capture, absorb, adsorb, reduce,
or sequester greenhouse gas emissions;
``(B) evaluating and improves the ability of materials to
most effectively capture, absorb, adsorb, reduce, or
sequester greenhouse gas emissions;
``(C) supporting the development and deployment of
materials that will capture, absorb, adsorb, reduce, or
sequester greenhouse gas emissions; and
``(D) in coordination with standards-setting organizations,
such as the American Association of State Highway and
Transportation Officials, carrying out research on--
``(i) the extent to which existing state materials
procurement standards enable the deployment of materials
proven to most effectively reduce or sequester greenhouse gas
emissions;
``(ii) opportunities for States to adapt procurement
standards to more frequently procure materials proven to most
effectively reduce or sequester greenhouse gas emissions; and
``(iii) how to support or incentivize States to adapt
procurement standards to incorporate more materials proven to
most effectively 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
capture, absorb, adsorb, 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.--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 one
grant in a fiscal year under this subsection.
``(B) Matching requirements.--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.
``(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
capture, absorb, adsorb, 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 (commonly known as the
`Paperwork Reduction Act').
``(8) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A) 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); and
``(B) a State department of transportation.''.
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 2022,
and for each 5-year period thereafter, the Secretary'';
(2) in subsection (c)(1)--
(A) in subparagraph (C) by inserting ``and security in the
transportation system'' after ``safety'';
(B) in subparagraph (D) by inserting ``and the existing
transportation system'' after ``infrastructure'';
(C) in subparagraph (E) by striking ``; and'' and inserting
a semicolon;
(D) by amending subparagraph (F) to read as follows:
``(F) reducing greenhouse gas emissions; and''; and
(E) 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,
2022,''.
SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
Section 5505 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)--
(i) 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
(ii) in subparagraph (B)--
(I) by striking ``Technology and'' and inserting
``Technology,'';
(II) by inserting ``, the Administrator of the Federal
Transit Administration,'' after ``Federal Highway
Administration''; and
(III) by striking ``and other modal administrations as
appropriate'' and inserting ``and the Administrators of other
operating administrations, as appropriate''; and
(B) by adding at the end the following:
``(7) Focused research considerations.--In awarding grants
under this section, the Secretary shall consider how the
program under this section advances research on the
cybersecurity implications of technologies relating to
connected vehicles, connected infrastructure, and automated
vehicles.'';
(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
[[Page H3452]]
$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) Consideration.--In awarding grants under this
section, the Secretary shall consider historically black
colleges and universities, as such term is defined in section
371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q),
and other minority institutions, as such term is defined by
section 365 of the Higher Education Act (20 U.S.C. 1067k), or
consortia that include such institutions that have
demonstrated an ability in transportation-related research.
``(D) Focused research.--
``(i) In general.--In awarding grants under this section,
the Secretary shall select not less than one grant recipient
with each of the following focus areas:
``(I) Transit.
``(II) Connected and automated vehicle technology,
including cybersecurity implications of technologies relating
to connected vehicles, connected infrastructure, and
automated vehicle technology.
``(III) Non-motorized transportation, including bicycle and
pedestrian safety.
``(IV) The surface transportation workforce, including--
``(aa) current and future workforce needs and challenges;
and
``(bb) the impact of technology on the transportation
sector.
``(V) 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
``(bb) researching the types of transportation projects
that are not expected to provide significant greenhouse gas
emissions reductions from the surface transportation sector.
``(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).'';
(3) in subsection (d)(3) by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2023 through
2026'';
(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) Applications.--To receive funding under this section,
eligible entities shall submit to the Secretary an
application that is in such form and contains such
information as the Secretary may require.
``(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
2023 through 2026 to carry out this section.
``(2) Funding flexibility.--
``(A) In general.--For fiscal years 2023 through 2026,
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--
``(A) first-mile and last-mile challenges to multimodal
freight movement;
``(B) multimodal freight travel in both urban and rural
areas; and
[[Page H3453]]
``(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 H3454]]
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 2023 through 2026''.
SEC. 5109. TRANSPORTATION EQUITY RESEARCH PROGRAM.
(a) In General.--The Secretary of Transportation shall
carry out a transportation equity research program for
research and demonstration activities that focus on the
impacts that surface transportation planning, investment, and
operations have on low-income populations, minority
populations, and other underserved populations that may be
dependent on public transportation. Such activities shall
include research on surface transportation equity issues, the
development of strategies to advance economic and community
development in public transportation-dependent populations,
and the development of training programs that promote the
employment of low-income populations, minority populations,
and other underserved populations on Federal-aid
transportation projects constructed in their communities.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,000,000 for
each of fiscal years 2023 through 2026.
(c) Availability of Amounts.--Amounts made available to the
Secretary to carry out this section shall remain available
for a period of 3 years beginning after the last day of the
fiscal year for which the amounts are authorized.
SEC. 5110. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND
TECHNOLOGY.
Section 502(b)(3)(C) of title 23, United States Code, is
amended by inserting ``entities that represent the needs of
metropolitan planning organizations,'' after ``Officials,''.
SEC. 5111. METROPOLITAN PLANNING RESEARCH PILOT PROGRAM.
(a) Establishment.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Transportation
shall seek to enter into an agreement with a nonprofit
nongovernmental entity that exclusively serves the needs and
interests of metropolitan planning organizations to establish
a pilot program to provide awards to eligible entities to
carry out eligible activities to enhance and improve
metropolitan planning practices in surface transportation.
(b) Goals.--The goals of the pilot program established
under this section include--
(1) enhancing metropolitan planning practices in surface
transportation;
(2) improving the ability of metropolitan planning
organizations to meet performance measures and targets under
section 150 of title 23, United States Code;
(3) preparing for the impact that emerging technologies,
such as connected and automated vehicles, will have on the
metropolitan planning process;
(4) improving environmental considerations in the
metropolitan planning process;
(5) reducing greenhouse gas emissions and limiting the
effects of climate change;
(6) improving access to jobs and services;
(7) supporting underserved communities; and
(8) expanding the ability of metropolitan planning
organizations to collect public input and strengthen
community engagement.
(c) Forms of Assistance.--An award provided under this
section may be in the form of a grant, contract, or
cooperative agreement.
(d) Competitive Selection Process.--
(1) Applications.--To be eligible to receive an award under
this section, an eligible entity shall submit to the
Secretary an application in such form and containing such
information as the Secretary may require.
(2) Selection criteria.--The Secretary may provide awards
under this section to any eligible entity based on the
demonstrated ability of the entity to fulfill the goals
described under subsection (b) and carry out eligible
activities.
(e) Transparency.--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 selection
process for providing an award under this section and the
results of activities carried out under this section.
(f) Definitions.--In this section:
(1) Eligible activity.--The term ``eligible activity''
means--
(A) carrying out research to improve metropolitan planning
practices;
(B) developing new metropolitan planning tools;
(C) improving existing metropolitan planning tools and
practices; or
(D) any other research activities the Secretary determines
to be appropriate, consistent with the goals under subsection
(b).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a metropolitan planning organization designated under
section 134(d) of title 23, United States Code;
(B) a metropolitan planning organization working in
partnership with a nonprofit organization;
(C) a metropolitan planning organization working in
partnership with a county; or
(D) a group of entities described under subparagraphs (A)
through (C).
(g) Federal Share.--The Federal share of the cost of an
activity carried out using an award under this section shall
be 100 percent.
(h) Authorization of Appropriations.--
(1) In general.--From the amounts made available to carry
out section 503(b) of title 23, United States Code, for each
of fiscal years 2023 through 2026, the Secretary may expend
$1,000,000 to carry out this section.
(2) Administrative expenses.--Of the amounts made available
under paragraph (1), the Secretary may use up to 5 percent of
such funds for administrative expenses.
(i) 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 section,
including customer satisfaction assessments, shall not be
subject to chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'').
SEC. 5112. INTEGRATED PROJECT DELIVERY.
(a) In General.--The Secretary of Transportation shall seek
to enter into an agreement with the National Academy of
Sciences to support and carry out a study of the
effectiveness of integrated project delivery in delivering
large infrastructure projects.
(b) Contents.--
(1) Areas of study.--The study shall--
(A) identify best practices for surface transportation
project delivery with a focus on delivery of large or complex
projects;
(B) determine whether there are any regulatory requirements
that limit the use of integrated project delivery and the
purpose of such regulations; and
(C) analyze the effectiveness of integrated project
delivery compared to traditional project delivery methods,
including an analysis of outcomes related to safety, cost
effectiveness, environmental impacts, and on-time project
delivery.
(2) Methods.--In carrying out the study, the National
Academy of Sciences shall consult with entities with
experience managing, administering, or implementing
integrated project delivery projects.
(c) Report.--Not later than 1 year after the completion of
the study under subsection (a), the Secretary shall publish a
report on the results of the study under this section.
SEC. 5113. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF
ADVANCED DIGITAL CONSTRUCTION MANAGEMENT
SYSTEMS.
Section 503(c) of title 23, United States Code, is amended
by adding at the end the following:
``(5) Accelerated implementation and deployment of advanced
digital construction management systems.--
``(A) In general.--The Secretary shall, to the extent
practicable, under the technology and innovation deployment
program goals established under paragraph (1), promote,
support, and document the application of advanced digital
construction management systems, practices, performance, and
benefits.
``(B) Goals.--The goals of promoting the accelerated
implementation and deployment of advanced digital
construction management systems established under
subparagraph (A) shall include--
``(i) accelerated State and local government adoption of
advanced digital construction management systems applied
throughout the project delivery process (including through
the design and engineering, construction, and operations
phases) that--
``(I) maximize interoperability with other systems,
products, tools, or applications;
``(II) boost productivity;
``(III) manage complexity and risk;
``(IV) reduce project delays and cost overruns;
``(V) enhance safety and quality; and
``(VI) support sustainable design and construction;
``(ii) more timely and productive information-sharing among
stakeholders through digital collaboration platforms that
connect workflows, teams, and data and reduced reliance on
paper to manage construction processes and deliverables;
``(iii) deployment of digital management systems that
enable and leverage the use of digital technologies on
construction sites by contractors;
``(iv) the development and deployment of best practices for
use in digital construction management;
``(v) increased technology adoption and deployment by
States and units of local government that enables project
sponsors--
``(I) to integrate the adoption of digital management
systems and technologies in contracts; and
``(II) to weigh the cost of digitization and technology in
setting project budgets;
``(vi) technology training and workforce development to
build the capabilities of project managers and sponsors that
enables States and units of local government--
``(I) to better manage projects using advance digital
construction management technologies; and
[[Page H3455]]
``(II) to properly measure and reward technology adoption
across projects of the State or unit of local government;
``(vii) development of guidance to assist States in
updating regulations of the State to allow project sponsors
and contractors--
``(I) to report data relating to the project in digital
formats; and
``(II) to fully capture the efficiencies and benefits of
advanced digital construction management systems and related
technologies;
``(viii) reduction in the environmental footprint of
construction projects using advanced digital construction
management systems resulting from elimination of congestion
through more efficient projects;
``(ix) development of more sustainable infrastructure that
is designed to be more resilient to climate impacts,
constructed with less material waste and made with more low-
emissions construction materials; and
``(x) enhanced worker and pedestrian safety resulting from
increased transparency.''.
SEC. 5114. 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 two 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 used in the evaluation
process of the proposal of the applicant, 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) Funds.--
(1) 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.
(2) Matching requirement.--As a condition of receiving an
award under this section, an award recipient shall match 50
percent of the amounts made available under the award.
(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''
means materials or combinations and processes for use of
materials with respect to a surface transportation
infrastructure project 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. 5115. STRATEGIC TRANSPORTATION RESEARCH AGENDA.
(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. 5507. 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 technologies, autonomous technologies, or
both;
``(2) incorporating safety-related technologies;
``(3) addressing infrastructure resiliency;
``(4) the impact of advanced transportation technologies on
safety and mobility;
``(5) multimodal connectivity;
``(6) data gathering methods to understand travel behavior,
including the public's short and long-term responses to
transformational technologies;
``(7) impacts of private-sector transportation product
development on society and the traditional research programs;
``(8) support for a public-sector culture of transportation
innovation and acceleration of federally funded research into
practice, codes, and standards; and
``(9) fostering development of transportation educators and
transportation professionals.
``(b) Report.--The agreement entered into under this
section shall require the National
[[Page H3456]]
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 2023.''.
(b) Conforming Amendment.--The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at
the end the following:
``5507. Strategic transportation research agenda.''.
SEC. 5116. ADVANCED TRANSPORTATION RESEARCH AND INNOVATION
PROGRAM.
(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. 5508. 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) foster 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 long-term
safety, competitiveness, and transportation goals.
``(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 2023 through 2026.''.
(b) Conforming Amendment.--The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at
the end the following:
``5508. Advanced transportation research and innovation program.''.
SEC. 5117. INTERAGENCY INNOVATIVE MATERIALS STANDARDS TASK
FORCE.
(a) Purposes.--The purposes of this section shall be--
(1) to encourage the research, design, and use of
innovative materials, in concert with traditional materials,
and associated techniques in the construction and
preservation of the domestic infrastructure network;
(2) to accelerate the deployment and extend the service
life, improve the performance, and reduce the cost of
infrastructure projects; and
(3) to improve the economy, resilience, maintainability,
sustainability, and safety of the domestic infrastructure
network.
(b) Establishment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the National Institute
of Standards and Technology shall establish an Interagency
innovative materials standards task force (referred to in
this section as the ``Task Force'') composed of the heads of
Federal agencies responsible for significant civil
infrastructure projects, including the Administrator of the
Federal Highway Administration.
(2) Chairperson.--The Director of the National Institute of
Standards and Technology shall serve as Chairperson of the
Task Force.
(c) Duties.--The Task Force shall coordinate and improve,
with respect to infrastructure construction, retrofitting,
rehabilitation, and other improvements--
(1) Federal testing standards;
(2) Federal design and use guidelines;
(3) Federal regulations; and
(4) other applicable standards and performance and
sustainability metrics.
(d) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Task Force shall conduct, and
submit to the appropriate committees of Congress a report
that describes the results of, a study--
(A) to assess the standards and performance metrics for the
use of innovative materials in infrastructure projects;
(B) to identify any barriers, regulatory or otherwise,
relating to the standards described in subparagraph (A) that
preclude the use of certain products or associated
techniques; and
(C) to identify opportunities for the development of
standardized designs and materials genome approaches that
design and use innovative materials to reduce costs, improve
performance and sustainability, and extend the service life
of infrastructure assets.
(2) Report.--The report under paragraph (1) shall--
(A) identify any non-Federal entities or other
organizations, including the American Association of State
Highway and Transportation Officials, that develop relevant
standards; and
(B) outline a strategy to improve coordination and
information sharing between the entities described in
subparagraph (A) and any relevant Federal agencies.
(e) Improved Coordination.--Not later than 2 years after
the date of enactment of this Act, the Task Force shall
collaborate with any non-Federal entity identified under
subsection (d)(2)(A)--
(1) to identify and carry out appropriate research, testing
methods, and processes relating to the development and use of
innovative materials;
(2) to develop new methods and processes relating to the
development and use of innovative materials, as the
applicable agency head determines to be necessary;
(3) to contribute to the development of standards,
performance metrics, and guidelines for the use of innovative
materials and approaches in civil infrastructure projects;
(4) to develop a plan for addressing potential barriers,
regulatory or otherwise, identified in subsection (d)(1)(B);
and
(5) to develop a plan for the development of standardized
designs that use innovative materials to reduce costs,
improve performance and sustainability, and extend the
service life of infrastructure assets.
(f) Innovative Material Defined.--In this section, the term
``innovative material'', with respect to an infrastructure
project, includes those 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
appropriate Secretary or agency head.
SEC. 5118. VEHICULAR DATA ANALYTICS PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall
establish a pilot program for the purpose of integrating
vehicle on-board sensor data with public and private data
sets in existence as of the date of the enactment of this Act
to improve safety, operations, cost reduction, and congestion
relief strategies for local and State transportation
authorities and private sector partners.
(b) Award.--In carrying out the pilot program under
subsection (a), the Secretary shall make 1 or more awards to
an institution of higher education or a nonprofit research
organization (or a consortium thereof).
(c) Partnership.--The Secretary shall require a recipient
of an award under subsection (b) to seek to partner with
private sector organizations and local and State
transportation authorities to facilitate--
(1) access to vehicle on-board sensor data; and
(2) the sharing of information regarding operational needs
and research and development priorities from such
organizations or authorities to such recipient.
(d) Activities.--The activities of the pilot program shall
include--
(1) development of strategies for the acquisition,
management, and analysis of large scale vehicular on-board
sensor data to ensure the privacy and security of such data;
and
[[Page H3457]]
(2) research and development to analyze and integrate
vehicle on-board sensor data with public and private data
sets in existence as of the date of enactment of this Act,
including development of applications to address safety,
operations, cost reduction, congestion mitigation, and other
transportation challenges.
(e) Report to Congress.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Science, Space, and Technology and the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce and
Transportation of the Senate a report detailing--
(1) a summary of the activities of the pilot program under
subsection (a); and
(2) recommendations for continuing such pilot program or
integrating such pilot program into the activities of the
Department of Transportation.
(f) Protections.--In carrying out this section, the
Secretary shall apply all applicable privacy protections of
the Department of Transportation.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the activities of this
section $4,000,000 for each of fiscal years 2023 and 2024.
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 2023 through
2026''; 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 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.
``(g) Rule of Construction.--Nothing in this section may be
construed to allow the Secretary to waive any requirement
under any other provision of Federal law.''.
(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. 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 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)--
(i) by inserting ``increasing job opportunities,'' after
``performance,''; and
(ii) by striking ``; or'' and inserting a semicolon;
(D) in clause (viii)--
(i) by striking ``accelerate the deployment'' and inserting
``prepare for the safe deployment''; 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)--
(i) in subclause (II)(aa) by striking ``congestion'' and
inserting ``congestion and delays, greenhouse gas
emissions'';
(ii) in subclause (III) by inserting ``economic,'' after
``mobility,''; and
(iii) in subclause (IV) by inserting ``organizations
representing the surface transportation workforce,'' after
``leaders,''; 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 measures established under section 150(c)(5); or
``(II) the greenhouse gas emissions performance measures
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 crashes
and increase driver, passenger, bicyclist, and pedestrian
safety; or
``(IV) reduce greenhouse gas emissions and limit the
effects of climate change.
``(v) Grant distribution.--In each fiscal year, 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, bicyclist, and pedestrian safety.
[[Page H3458]]
``(vi) Workforce partnerships.--In awarding a grant under
this paragraph, the Secretary shall consider, to the extent
practicable, any demonstrated partnership of the applicant
with representatives of the surface transportation
workforce.'';
(5) in subparagraph (E)--
(A) in clause (iv) by inserting ``consistent with section
5312 of title 49'' after ``systems'';
(B) 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'' ;
(C) in clause (viii) by striking ``; or'' and inserting a
semicolon;
(D) in clause (ix) by striking ``disabled individuals.''
and inserting ``disabled individuals, including activities
under section 5316 of title 49;''; and
(E) by adding at the end the following:
``(x) measures to safeguard surface transportation system
technologies under this subparagraph from cybersecurity
threats; or
``(xi) retrofitting dedicated short-range communications
technology deployed as part of an existing pilot program to
cellular vehicle-to-everything technology.'';
(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 3 years 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 provided benefits, such as 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,
workers, 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 ``Funding'' and all
that follows through ``the Secretary may set aside'' and
inserting the following: ``Funding.--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 academia;
``(H) a representative from a labor organization; and'';
(E) in subparagraph (K) by striking ``; and'' and inserting
a period;
(F) by redesignating subparagraph (K) as subparagraph (I);
and
(G) 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(a) of title 23,
United States Code, is amended by inserting ``including
through grants to entities or groups of entities, such as
institutions of higher education,'' after ``research and
development,''.
(e) Research and Development Priority Areas.--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;
(2) by inserting after paragraph (4) the following:
``(5) demonstrate reductions in greenhouse gas
emissions;'';
(3) in paragraph (7), as so redesignated, by striking ``;
or'' and inserting a semicolon;
(4) in paragraph (8), as so redesignated, by striking the
period and inserting a semicolon; and
(5) by adding at the end the following:
``(9) integrate existing observational networks and data
management systems for road weather applications; or
``(10) facilitate the interconnectivity of data and
information technology systems across different observational
networks and different users.''.
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. 5509. 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 is designed to be
operated by a level 3 or level 4 automated driving system for
trips within its operational design domain or a level 5
automated driving system for all trips according to the
recommended standards published in April 2021, by the Society
of Automotive Engineers International (J3016_202104) or, when
adopted, equivalent standards established by the Secretary
under chapter 301 of title 49, United States Code, 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
systems, real estate, accessibility, municipal budgets,
social equity, availability and quality of jobs, air quality
and climate, energy consumption, and the environment.''.
(b) Clerical Amendment.--The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at
the end the following:
[[Page H3459]]
``5509. 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
5509(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 operating between lanes of slow or stopped traffic;
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 that is designed to be operated by a
level 3 or level 4 automated driving system for trips within
its operational design domain or a level 5 automated driving
system for all trips according to the recommended standards
published in April 2021, by the Society of Automotive
Engineers International (J3016l9 202104) or, when adopted,
equivalent standards established by the Secretary under
chapter 301 of title 49, United States Code, 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. 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, retrain, or upgrade the skills of surface
transportation workers--
(1) whose employment may be changed or worsened by
automation;
(2) who have been separated from employment; or
(3) who have received notice of impending employment loss
as a result of being replaced by the use of automated
vehicles.
(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) Nonprofit organizations with a demonstrated capacity to
develop and provide career pathway programs through labor-
management partnerships, pre-apprenticeships, or registered
apprenticeships on a nationwide basis.
(4) Local governments.
(c) Limitation on Awards.--An entity may only receive one
grant in a fiscal year under this section.
(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
training programs, including--
(A) identifying and testing new duties for existing jobs
impacted by the use of automated vehicles, including
mechanical work, diagnostic work, and fleet operations
management;
(B) educational programs, including--
(i) coursework or curricula through which participants may
pursue a degree or certification; and
(ii) tuition and direct education expenses, excluding
salaries, in connection with the education and training of
surface transportation workers whose jobs have been affected
by the use of automated vehicles; and
(C) employee professional development, including worker
training or retraining, including train-the-trainer programs,
to upgrade the skills of surface transportation workers whose
jobs have been affected by the use of automated vehicles.
(2) Reporting.--A recipient of a grant under this section
shall report to the Secretary the following information:
(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 a grant awarded
under this section.
(D) Relevant demographic information of impacted workers.
(3) Limitation.--Funds made available under this section
may not be used to evaluate the effectiveness of automated
vehicle technologies.
(e) Selection Criteria.--In selecting grant recipients
under this section, the Secretary shall consider the extent
to which an applicant--
[[Page H3460]]
(1) demonstrates the capability to develop curricula and
provide training, provide retraining, or upgrade the skills
of individuals described in subsection (a);
(2) will provide program participants with practical
experience and on-the-job training; and
(3) demonstrates a commitment to carry out a surface
transportation workforce development program through degree-
granting programs or programs that provide other industry-
recognized credentials.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a grant
under this section shall be 100 percent.
(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 section 5307, 5337, or 5339 of title
49, United States Code, up to 0.5 percent of amounts made
available under any such section may qualify as the non-
Federal share under paragraph (1).
(g) Report Requirements.--Not later than 60 days after
grants are awarded in a 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 that
includes--
(1) a list of all grant recipients for such fiscal year;
(2) an explanation of why each recipient was chosen in
accordance with the selection criteria under subsection (e);
(3) a summary of activities planned to be carried out by
each recipient and how such activities relate to the goals
established under subsection (a);
(4) the grant amount awarded to each recipient; and
(5) the information required to be provided to the
Secretary under subsection (d)(2).
(h) Definitions.--In this section:
(1) Automated vehicle.--The term ``automated vehicle''
means a motor vehicle that is designed to be operated by a
level 3 or level 4 automated driving system for trips within
its operational design domain or a level 5 automated driving
system for all trips according to the recommended standards
published in April 2021, by the Society of Automotive
Engineers International (J3016l9 202104) or, when adopted,
equivalent standards established by the Secretary under
chapter 301 of title 49, United States Code, with respect to
automated motor vehicles.
(2) 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).
(3) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302 of title 49, United States Code.
(4) 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 one or more registered
apprenticeships.
(5) 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).
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 for each of fiscal years 2023 through 2026 to
carry out this section.
(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. 5306. 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. 5307. 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); and
(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. 5308. 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 submitting entities to submit
information to the Secretary on operations of automated
commercial motor vehicles in interstate commerce.
(b) Purposes.--The purpose of this section shall be to
ensure automated commercial motor vehicle safety and
transparency in developing and maintaining the repository
under this section.
(c) Information Required.--
(1) Submissions.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a process
for submitting entities operating automated commercial motor
vehicles in interstate commerce to provide the following
information in accordance with paragraph (2):
(A) The name of the submitting entity responsible for the
operation of an automated commercial motor vehicle or
vehicles.
[[Page H3461]]
(B) The make, model, and weight class of such vehicle or
vehicles.
(C) The intended level of automation of such vehicle or
vehicles, according to the taxonomy described in subsection
(f)(1).
(D) The Department of Transportation number or operating
authority assigned to the submitting entity described in
subparagraph (A), if applicable.
(E) A list of States in which the operation of such vehicle
or vehicles will occur and a list of Federal-aid highways (as
defined in section 101(a) of title 23, United States Code) on
which the operation will occur, as well as total miles
traveled in the previous year on a biannual basis.
(F) Any cargo classifications or passengers to be
transported in such vehicle or vehicles, including whether
the submitting entity is transporting such cargo or
passengers under contract with another entity.
(G) Documentation of training or certifications provided to
any drivers, or other individuals directly involved in the
performance of the dynamic driving task or fallback during
operation of the vehicle, if any.
(H) Any fatigue management plans or work hour limitations
applicable to drivers, if any, consistent with such standards
of the Department regarding automated commercial motor
vehicle drivers.
(I) Law enforcement interaction plans for automated
commercial motor vehicles submitted to State transportation
agencies or State and local law enforcement agencies.
(J) Proof of insurance coverage.
(2) Submission and updates.--
(A) In general.--A submitting entity responsible for the
operation of an automated commercial motor vehicle shall
provide the information required under this subsection not
later than 60 days after the Secretary has published the
notice establishing the process described in paragraph (1).
(B) Material change of information.--The submitting entity
responsible for the operation of an automated commercial
motor vehicle shall notify the Secretary of any material
changes to the information previously provided pursuant to
this subsection on an annual basis, or on a more frequent
basis specified by the Secretary.
(C) Amendment and correction.--If a submitting entity
responsible for the operation of an automated commercial
motor vehicle submits incomplete or inaccurate information
pursuant to subsection (c), the submitting entity shall be
given an opportunity to amend or correct the submission
within a reasonable timeframe to be established by the
Secretary.
(d) Public Availability of Information.--
(1) In general.--The Secretary shall make available on a
publicly accessible website of the Department of
Transportation the following information on automated
commercial motor vehicles:
(A) The prevalence of planned operations of such vehicles.
(B) The characteristics of such operations.
(C) The geographic location of such operations in a safe
manner that reflects only the most significant public road or
roads on which the majority of the route takes place, as
determined appropriate by the Secretary.
(2) Protection of information.--Any data collected under
subsection (c) 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, vehicle manufacturer, or
other submitting entity submitting data;
(B) protects the safety, privacy, and confidentiality of
individuals, operators, and submitting entities submitting
the data; and
(C) protects from disclosing--
(i) trade secrets; and
(ii) information obtained from a submitting entity that is
commercial or financial and privileged or confidential, in
accordance with section 552(b)(4) of title 5, United States
Code.
(e) Crash Data.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall require submitting
entities to submit information regarding collisions which
occur during the operation of an automated commercial motor
vehicle on public roads while the vehicle's automated driving
system is engaged, including--
(A) fatalities or bodily injury to persons who, as a result
of the injury, immediately receive medical treatment away
from the scene of a collision involving the automated
commercial motor vehicle;
(B) collisions or damage to property involving an automated
commercial motor vehicle that results in an automated
commercial motor vehicle or a motor vehicle being transported
away from the scene by a tow truck or other motor vehicle;
(C) a full description of how the collision or damage to
property occurred, including, if applicable, the role of the
automated driving system; and
(D) the mode of transportation used by any road users
involved in the collision, including general road users, as
such term is defined under section 5304 of this Act.
(2) Data availability.--The Secretary shall ensure that any
submitting entity submitting information under this
subsection 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.
(3) Rulemaking.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall initiate a
rulemaking to define the term ``safety incident'', including
collisions, with respect to automated commercial motor
vehicle safety.
(B) Update.--Notwithstanding paragraph (1), the Secretary
shall carry out this subsection to require submitting
entities to submit information regarding safety incidents
instead of collisions upon issuing a final rule under
subparagraph (A).
(C) Voluntary reporting.--
(i) In general.--To support the rulemaking under this
paragraph, the Secretary shall establish a mechanism through
which entities may voluntarily report safety data or other
information regarding automated commercial motor vehicles.
(ii) Use of data.--The data collected under this
subparagraph may only be used to support the rulemaking under
this paragraph.
(iii) Protection from disclosure.--Data or other
information submitted under this subparagraph--
(I) shall not be made publicly available; and
(II) shall not be disclosed to the public by the Secretary
pursuant to section 552(b)(4) of title 5, United States Code,
if the data or other information is submitted to the
Secretary voluntarily and is not required to be submitted to
the Secretary under any other provision of law.
(f) 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 31132 of
title 49, United States Code) that is designed to be operated
by a level 3 or level 4 automated driving system for trips
within its operational design domain or a level 5 automated
driving system for all trips according to the recommended
taxonomy published in April 2021, by the Society of
Automotive Engineers International (J3016_202104) or, when
adopted, equivalent standards established by the Secretary
under chapter 301 of title 49, United States Code, with
respect to automated motor vehicles.
(2) Broker.--The term ``broker'' has the meaning given such
term under section 13102 of title 49, United States Code.
(3) Employer.--The term ``employer'' has the meaning given
such term under section 31132 of title 49, United States
Code.
(4) Freight forwarder.--The term ``freight forwarder'' has
the meaning given such term in section 13102 of title 49,
United States Code.
(5) Motor carrier.--The term ``motor carrier'' has the
meaning given such term in section 13102 of title 49, United
States Code.
(6) Submitting entity.--The term ``submitting entity''
means either--
(A) a motor carrier; or
(B) a company that is carrying out motor carrier-related
operations in interstate commerce on public roads or an
employer thereof, such as a motor carrier, freight forwarder,
or broker.
(7) Truck platooning.--The term ``truck platooning'' means
a series of commercial motor vehicles traveling in a unified
manner with electronically coordinated braking, acceleration,
and steering with a driver in the lead commercial motor
vehicle.
(g) Duplicative Reporting.--
(1) In general.--The Secretary may not require duplicative
reporting.
(2) Joint submissions.--Submitting entities working in
partnership on the same automated commercial motor vehicle
operational trips shall make 1 submission of the information
required under this section for each general route, as
determined appropriate by the Secretary.
(3) Information.--In developing the reporting process
required under subsection (c), the Secretary shall ensure, to
the extent practicable, that submitting entities are not
required to submit information previously reported to the
Secretary under chapters 139 or 311 of title 49, United
States Code.
(h) Savings Provision.--Nothing in this section shall add
to or detract from any existing--
(1) enforcement authority of the Department of
Transportation; or
(2) authority to operate automated commercial motor
vehicles in interstate commerce on public roads.
(i) Penalties.--An entity that violates any provision of
this section shall be subject to civil penalties under
section 521(b)(2)(B), of title 49, United States Code, and
criminal penalties under section 521(b)(6)(A) of such title,
and any other applicable civil and criminal penalties, as
determined by the Secretary.
(j) Treatment.--In carrying out this section, the Secretary
shall treat truck platooning operations the same as automated
commercial motor vehicles.
SEC. 5309. TASK FORCE TO PROMOTE AMERICAN VEHICLE
COMPETITIVENESS.
(a) In General.--Subtitle III of title 49, United States
Code, is amended by adding at the end the following:
``CHAPTER 66--DOMESTIC PRODUCTION OF ELECTRIC VEHICLES
``Sec.
``6601. Task force.
``6602. Critical mineral sourcing.
``Sec. 6601. Task force
``(a) Establishment.--The Secretary of Transportation shall
establish a Task Force to Promote American Vehicle
Competitiveness (hereinafter referred to as the `Task Force')
in accordance with this section.
``(b) Membership.--
``(1) In general.--The Task Force shall be composed of the
following officers:
``(A) The Secretary of Transportation.
``(B) The Secretary of the Interior.
``(C) The Secretary of Commerce.
``(D) The Secretary of Energy.
``(E) The Administrator of the Environmental Protection
Agency.
[[Page H3462]]
``(2) Additional members.--The Secretary may designate
additional members to serve on the Task Force.
``(3) Officers.--The Secretary of Transportation shall
serve as Chair and may designate officials to serve as the
Vice Chair, and on any working groups of the task force.
``(c) Duties.--The Task Force shall--
``(1) identify and resolve any jurisdictional or regulatory
gaps or inconsistencies associated with domestic sourcing and
production of electric vehicle batteries to eliminate, so far
as practicable, impediments to the prompt and safe deployment
of domestically produced electric vehicle batteries,
including with respect to safety regulation and oversight,
environmental review, and funding issues;
``(2) coordinate agency oversight of nontraditional and
emerging electric vehicle battery sourcing and production
technologies, projects, and engagement with external
stakeholders;
``(3) within applicable statutory authority other than this
subsection, develop, recommend, and establish processes,
solutions, and best practices for identifying, managing, and
resolving issues regarding domestic sourcing and production
of electric vehicle batteries; and
``(4) carry out such additional duties as the Secretary of
Transportation may prescribe, to the extend consistent with
this title.
``(d) Report.--Not later than 12 months after the date of
enactment of this section, and annually thereafter, the Task
Force shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on the Environment and Public Works of the Senate a
report containing findings on electric vehicle battery
sourcing and production issues in the United States,
recommended strategies or measures to streamline sourcing and
production and promote American competitiveness, and any
recommended legislative solutions.
``Sec. 6602. Critical mineral sourcing
``(a) In General.--The Secretary of Transportation, in
conjunction with the Task Force to Promote American Vehicle
Competitiveness, shall coordinate with the appropriate
agencies to increase domestic sourcing of critical minerals
and domestic production of electric vehicle batteries.
``(b) Department Coordination.--The Department of
Transportation shall coordinate with the Task Force in
implementing section 5339(c) and sections 151 and 155 of
title 23.''.
(b) Clerical Amendment.--The table of chapters for subtitle
III of title 49, United States Code, is amended by adding at
the end the following new item:
``66. Domestic Production of Electric Vehicles..............6601''.....
SEC. 5310. MULTIMODAL TRANSPORTATION DEMONSTRATION PROGRAM.
(a) In General.--Subchapter 1 of chapter 55 of title 49,
United States Code, is further amended by adding at the end
the following:
``Sec. 5510. Multimodal transportation demonstration program
``(a) Establishment.--The Secretary of Transportation may
establish a pilot program for the demonstration of advanced
transportation passenger 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 plan described in
section 6503.
``(b) Eligible Activities.--Activities eligible for funding
under this section include data availability and
interoperability, traveler support tools and services, active
demand management, micro-transit, mobility-on-demand, and
micro-mobility projects to demonstrate first-mile and last-
mile transportation connections to the broader transportation
system, and any other activity as determined appropriate by
the Secretary.
``(c) Eligibility.--Entities eligible to receive grants
under this program include State departments of
transportation, local governments, metropolitan planning
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.
``(d) 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 other entities, including
institutions of higher education, State and local
governments, regional transportation planning organizations,
nonprofit organizations, labor organizations, or private
sector entities.
``(e) Funds.--
``(1) Authorization.--There is authorized to be
appropriated to carry out activities under this section
$30,000,000 for each of fiscal years 2023 through 2026.
``(2) Federal share.--The Federal share of the cost of a
project for which a grant is awarded under this section shall
not exceed 80 percent.
``(3) Sources.--The local share of the cost of a project
under this section may include amounts made available to the
recipient under--
``(A) section 504(b) of title 23; or
``(B) section 505 of title 23.
``(4) Administration.--The Secretary may use funds made
available to carry out this section for administrative costs
under this section.
``(f) Definitions.--In this section:
``(1) Micromobility.--The term `micromobility' has the
meaning given such term in section 217 of title 23.
``(2) Mobility on demand.--The term `mobility on demand'
has the meaning given such term in section 5316 of this
title.''.
(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. Multimodal transportation demonstration program.''.
SEC. 5311. HEAVY FREIGHT AUTOMATED TRUCKING RESEARCH
CORRIDOR.
(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. 5511. Heavy freight automated trucking research
corridor
``(a) In General.--Not later than 1 year after the date of
enactment of the INVEST in America Act, the Secretary of
Transportation shall establish a heavy freight automated
trucking research initiative to explore the potential
benefits and risks of the broad scale adoption of heavy
freight automated commercial motor vehicles.
``(b) Responsibilities.--In carrying out the initiative
established under subsection (a), the Secretary shall--
``(1) support and conduct research and development on
automated and connected freight trucking with private
industry, driver associations, other Federal agencies, State
and local transportation agencies, and institutions of higher
education; and
``(2) support or establish a heavy freight automated
trucking testing and demonstration corridor and related
programs.
``(c) Research and Development Agenda.--The Secretary shall
establish an agenda for research and development conducted
under subsection (b)(1) and the programs described in
subsection (b)(2) that may include--
``(1) analyzing, modeling, and piloting the feasibility,
benefits, and risks of dedicated automated trucking
corridors, including any impact on--
``(A) long distance freight movement;
``(B) supply chains;
``(C) fuel economy and emissions;
``(D) transportation infrastructure;
``(E) vehicle miles traveled;
``(F) small business concerns (as defined in section 3 of
the Small Business Act (15 U.S.C. 632);
``(G) the trucking industry workforce, such as any impact
on pay, benefits, and working conditions in both long-haul
trucking and any related driving jobs;
``(H) safety, including interactions with non-automated
motor vehicles and other road users; and
``(I) surrounding communities; and
``(2) providing deployment guidance, including for--
``(A) cyber-physical security; and
``(B) human factors, such as--
``(i) human-machine interfaces;
``(ii) psychological impacts;
``(iii) driver training; and
``(iv) strategies to address any impacts on the workforce,
such as impacts on driver retention, wages, benefits, and
working conditions within the trucking industry.
``(d) Outreach and Consultation.--In developing the
research agenda under subsection (b), the Secretary shall
conduct outreach to, and solicit input from, public, private,
and academic stakeholders, including individual workers and
labor organizations (as such terms are defined in section 2
of the National Labor Relations Act (29 U.S.C. 152)).
``(e) Eligibility.--An institution of higher education (as
defined in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)) or a consortium composed of nonprofit
research organizations and institutions of higher education
shall be eligible to receive grants under this section.
``(f) Authorization.--The Secretary may award grants to
eligible entities described in subsection (e) to carry out
this section.
``(g) Selection Criteria.--In awarding a grant under this
section, the Secretary shall--
``(1) give preference to the recipient's past and current
collaboration with local and State transportation agencies,
other Federal agencies, private industry, and driver
associations in activities related to this section;
``(2) give preference to a recipient whose geographic
location offers access to long-haul trucking corridors;
``(3) consider the extent to which an applicant's proposal
would involve participation by local, regional, and national
stakeholders; and
``(4) consider the local, regional, and national impacts of
the applicant's proposal.
``(h) Matching Requirement.--
``(1) In general.--As a condition of receiving a grant
under this section, a grant recipient shall match 50 percent
of the costs of establishing and operating the test corridor
and related activities carried out by the grant recipient.
``(2) Sources.--The matching amounts referred to in
paragraph (1) may include amounts made available to the
recipient under--
``(A) section 504(b) of title 23; or
``(B) section 505 of title 23.
``(i) Transparency.--The results of testing and research
funded under this section shall be made available on a
publicly accessible website of the Department of
Transportation.
``(j) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $6,000,000 for each of
the fiscal years 2023 through 2026 for activities carried out
under this section.
``(k) Heavy Freight Automated Commercial Motor Vehicle
Defined.--In this section, the term `heavy freight automated
commercial motor vehicle' means a property-carrying
commercial motor vehicle (as such term is defined in section
31101) that--
``(1) has a gross vehicle weight rating or gross vehicle
weight of at least 26,001 pounds, whichever is greater; and
[[Page H3463]]
``(2) is designed to be operated exclusively by a Level 4
automated driving system for trips within the vehicle's
operational design domain or a Level 5 automated driving
system for all trips according to the recommended standards
published in April 2021, by the Society of Automotive
Engineers International (J3016_202104) or, when adopted,
equivalent standards established by the Secretary with
respect to automated motor vehicles.''.
(b) Clerical Amendment.--The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at
the end the following:
``5511. Heavy freight automated trucking research corridor.''.
Subtitle D--Surface Transportation Funding Pilot Programs
SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM FUNDING PILOT.
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) 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 subsection (j) and inserting the following:
``(j) Funding.--Of amounts made available to carry out this
section--
``(1) for fiscal year 2023, $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 2024, $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 2025, $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 2026, $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).''.
Subtitle E--Miscellaneous
SEC. 5501. ERGONOMIC SEATING WORKING GROUP.
(a) In General.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Transportation
shall convene a working group to examine the seating
standards for commercial drivers.
(2) Members.--At a minimum, the working group shall
include--
(A) seat manufacturers;
(B) commercial vehicle manufacturers;
(C) transit vehicle manufacturers;
(D) labor representatives for the trucking industry;
(E) representatives from organizations engaged in
collective bargaining on behalf of transit workers in not
fewer than three States; and
(F) musculoskeletal health experts.
(b) Objectives.--The Secretary shall pursue the following
objectives through the working group:
(1) To identify health issues, including musculoskeletal
health issues, that afflict commercial drivers due to sitting
for long periods of time while on duty.
(2) To identify the impact that commercial vehicle sizing,
design, and safety measures have on women in comparison to
men, and to identify designs that may improve the health and
safety of women drivers.
(3) To identify research topics for further development and
best practices to improve seating.
(4) To determine ways to incorporate improved seating into
manufacturing standards for public transit vehicles and
commercial vehicles.
(c) Report.--
(1) Submission.--Not later than 18 months after the date of
enactment of this Act, the working group shall submit to the
Secretary, the Committee on Transportation and Infrastructure
of the House of Representatives, and the Committee on
Banking, Housing, and Urban Affairs and the Committee on
Commerce, Science, and Transportation of the Senate a report
on the findings of the working group under this section and
any recommendations for the adoption of better ergonomic
seating for commercial drivers.
(2) Publication.--Upon receipt of the report in paragraph
(1), the Secretary shall publish the report on a publicly
accessible website of the Department.
(d) Applicability of Federal Advisory Committee Act.--The
Advisory Committee shall be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 5502. REPEAL OF SECTION 6314 OF TITLE 49, UNITED STATES
CODE.
(a) In General.--Section 6314 of title 49, United States
Code, is repealed.
(b) Conforming Amendments.--
(1) Title analysis.--The analysis for chapter 63 of title
49, United States Code, is amended by striking the item
relating to section 6314.
(2) Section 6307.--Section 6307(b) of title 49, United
States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``or section 6314(b)'';
(ii) in subparagraph (B) by striking ``or section
6314(b)''; and
(iii) in subparagraph (C) by striking ``or section
6314(b)''; and
(B) in paragraph (2)(A) by striking ``or section 6314(b)''.
SEC. 5503. TRANSPORTATION WORKFORCE OUTREACH PROGRAM.
(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. 5512. Transportation workforce outreach program
``(a) In General.--The Secretary shall establish and
administer a transportation workforce outreach program that
carries out a series of public service announcement campaigns
during fiscal years 2023 through 2026.
``(b) Purpose.--The purpose of each campaign carried out
under the program shall be to achieve the following
objectives:
``(1) Increase awareness of career opportunities in the
transportation sector, including aviation pilots, safety
inspectors, mechanics and technicians, maritime
transportation workers, air traffic controllers, flight
attendants, truck drivers, engineers, transit workers,
railroad workers, and other transportation professionals.
``(2) Increase diversity, including race, gender,
ethnicity, and socioeconomic status, of professionals in the
transportation sector.
``(c) Advertising.--The Secretary may use, or authorize the
use of, funds available to carry out the program for the
development, production, and use of broadcast, digital, and
print media advertising and outreach in carrying out
campaigns under this section.
``(d) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated $5,000,000
for each fiscal years 2023 through 2026.''.
(b) Clerical Amendment.--The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at
the end the following:
``5512. Transportation workforce outreach program.''.
SEC. 5504. ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.
Section 6305 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``The Director'' and all
that follows to the period and inserting ``Notwithstanding
section 418 of the FAA Reauthorization Act of 2018 (Public
Law 115-254), not later than 6 months after the date of
enactment of the INVEST in America Act, the Director shall
establish and consult with an advisory council on
transportation statistics.''; and
(2) by striking subsection (d)(3).
SEC. 5505. GAO REVIEW OF DISCRETIONARY GRANT PROGRAMS.
(a) In General.--Not later than 2 years 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, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Commerce, Science, and Transportation of the Senate a review
of the extent to which the Secretary is considering the needs
of and awarding funding through covered discretionary grant
programs to projects that serve--
(1) low-income communities;
(2) minority communities; and
(3) populations that are underserved or have limited
transportation choices.
(b) Recommendations.--The Comptroller General shall include
as part of the review under subsection (a) recommendations to
the Secretary on possible means to improve consideration of
projects that serve the unique needs of communities described
in subsection (a)(1).
(c) Definition of Covered Discretionary Grant Program.--For
purposes of this section, the term ``covered discretionary
grant programs'' means the Projects of National and Regional
Significance program under section 117 of title 23, the
Community Transportation Investment Grant program under
section 173 of such title, and the Community Climate
Innovation Grant program under section 172 of such title.
[[Page H3464]]
TITLE VI--MULTIMODAL TRANSPORTATION
SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY.
Section 70101(b) of title 49, United States Code, is
amended--
(1) in paragraph (2) by inserting ``in rural and urban
areas'' after ``freight transportation'';
(2) in paragraph (7)--
(A) in subparagraph (B) by striking ``; and'' and inserting
a semicolon;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following:
``(C) travel within population centers; and'';
(3) in paragraph (9) by striking ``; and'' and inserting
the following: ``including--
``(A) greenhouse gas emissions;
``(B) local air pollution;
``(C) minimizing, capturing, or treating stormwater runoff
or other adverse impacts to water quality; and
``(D) wildlife habitat loss;'';
(4) by redesignating paragraph (10) as paragraph (11); and
(5) by inserting after paragraph (9) the following:
``(10) to decrease any adverse impact of freight
transportation on communities located near freight facilities
or freight corridors; and''.
SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN.
Section 70102(c) of title 49, United States Code, is
amended by striking ``shall'' and all that follows through
the end and inserting the following: ``shall--
``(1) update the plan and publish the updated plan on the
public website of the Department of Transportation; and
``(2) include in the update described in paragraph (1)--
``(A) each item described in subsection (b); and
``(B) best practices to reduce the adverse environmental
impacts of freight-related--
``(i) greenhouse gas emissions;
``(ii) local air pollution;
``(iii) stormwater runoff or other adverse impacts to water
quality; and
``(iv) wildlife habitat loss.''.
SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK.
Section 70103 of title 49, United States Code, is amended--
(1) in subsection (b)(2)(C) by striking ``of the United
States that have'' and inserting the following: ``of the
United States that--
``(i) have a total annual value of cargo of at least
$1,000,000,000, as identified by United States Customs and
Border Protection and reported by the Bureau of the Census;
or
``(ii) have''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively (and adjust the margins
accordingly); and
(ii) by striking ``Not later than 1 year after the date of
enactment of this section,'' and inserting the following:
``(A) Report to congress.--Not later than 30 days 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 Commerce, Science, and Transportation of the
Senate a report detailing a plan to designate a final
National Multimodal Freight Network, including a detailed
summary of the resources within the Office of the Secretary
that will be dedicated to carrying out such plan.
``(B) Designation of national multimodal freight network.--
Not later than 60 days after the submission of the report
described in subparagraph (A),'';
(B) in paragraph (3)(C)--
(i) by inserting ``and metropolitan planning
organizations'' after ``States''; and
(ii) by striking ``paragraph (4)'' and inserting
``paragraphs (4) and (5)'';
(C) in paragraph (4)--
(i) in the header by inserting ``and metropolitan planning
organization'' after ``State'';
(ii) by redesignating subparagraph (D) as subparagraph (E);
and
(iii) by striking subparagraph (C) and inserting the
following:
``(C) Critical urban freight facilities and corridors.--
``(i) Area with a population of over 500,000.--In an
urbanized area with a population of 500,000 or more
individuals, the representative metropolitan planning
organization, in consultation with the State, may designate a
freight facility or corridor within the borders of the State
as a critical urban freight facility or corridor.
``(ii) Area with a population of less than 500,000.--In an
urbanized area with a population of less than 500,000
individuals, the State, in consultation with the
representative metropolitan planning organization, may
designate a freight facility or corridor within the borders
of the State as a critical urban freight corridor.
``(iii) Designation.--A designation may be made under
subparagraph (i) or (ii) if the facility or corridor is in an
urbanized area, regardless of population, and such facility
or corridor--
``(I) provides access to the primary highway freight
system, the Interstate system, or an intermodal freight
facility;
``(II) is located within a corridor of a route on the
primary highway freight system and provides an alternative
option important to goods movement;
``(III) serves a major freight generator, logistics center,
or manufacturing and warehouse industrial land;
``(IV) connects to an international port of entry;
``(V) provides access to a significant air, rail, water, or
other freight facility in the State; or
``(VI) is important to the movement of freight within the
region, as determined by the metropolitan planning
organization or the State.
``(D) Limitation.--A State may propose additional
designations to the National Multimodal Freight Network in
the State in an amount that is--
``(i) for a highway project, not more than 20 percent of
the total mileage designated by the Under Secretary in the
State; and
``(ii) for a non-highway project, using a limitation
determined by the Under Secretary.''; and
(D) by adding at the end the following:
``(5) Required network components.--In designating or
redesignating the National Multimodal Freight Network, the
Under Secretary shall ensure that the National Multimodal
Freight Network includes the components described in
subsection (b)(2).''.
SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES.
Section 70201(a) of title 49, United States Code, is
amended by striking ``and local governments'' and inserting
``local governments, metropolitan planning organizations, and
the departments with responsibility for environmental
protection and air quality of the State''.
SEC. 6005. STATE FREIGHT PLANS.
Section 70202(b) of title 49, United States Code, is
amended--
(1) in paragraph (3)(A) by inserting ``and urban'' after
``rural'';
(2) in paragraph (9) by striking ``; and'' and inserting a
semicolon;
(3) by redesignating paragraph (10) as paragraph (12); and
(4) by inserting after paragraph (9) the following:
``(10) strategies and goals to decrease freight-related--
``(A) greenhouse gas emissions;
``(B) local air pollution;
``(C) stormwater runoff or other adverse impacts to water
quality; and
``(D) wildlife habitat loss;
``(11) strategies and goals to decrease any adverse impact
of freight transportation on communities located near freight
facilities or freight corridors; and''.
SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE.
(a) Study.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of the Treasury and the
Commissioner of the Internal Revenue Service, shall establish
a joint task force to study the establishment and
administration of a fee on multimodal freight surface
transportation services.
(b) Contents.--The study required under subsection (a)
shall include the following:
(1) An estimation of the revenue that a fee of up to 1
percent on freight transportation services would raise.
(2) An identification of the entities that would be subject
to such a fee paid by the owners or suppliers of cargo.
(3) An analysis of the administrative capacity of Federal
agencies and freight industry participants to collect such a
fee and ensure compliance with fee requirements.
(4) Policy options to prevent avoidance of such a fee,
including diversion of freight services to foreign countries.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Transportation and Infrastructure
and the Committee on Ways and Means of the House of
Representatives and the Committee on Environment and Public
Works and the Committee on Finance of the Senate the study
required under subsection (a).
SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE
FINANCE BUREAU.
Section 116 of title 49, United States Code, is amended--
(1) in subsection (b) by striking paragraph (1) and
inserting the following:
``(1) to provide assistance and communicate best practices
and financing and funding opportunities to eligible entities
for the programs referred to in subsection (d)(1), including
by--
``(A) conducting proactive outreach to communities located
outside of metropolitan or micropolitan statistical areas (as
such areas are defined by the Office of Management and
Budget) using data from the most recent decennial Census; and
``(B) coordinating with the Office of Rural Development of
the Department of Agriculture, the Office of Community
Revitalization of the Environmental Protection Agency, and
any other agencies that provide technical assistance for
rural communities, as determined by the Executive
Director;'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following:
``(j) Annual Progress Report.--Not later than 1 year after
the date of enactment of this subsection, and annually
thereafter, the Executive Director 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 detailing--
``(1) the use of funds authorized under section 605(f) of
title 23; and
``(2) the progress of the Bureau in carrying out the
purposes described in subsection (b).''.
SEC. 6008. TRANSPORTATION EQUITY ADVISORY COMMITTEE.
(a) Establishment.--
[[Page H3465]]
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish an advisory committee, to be known as the
Transportation Equity Committee (referred to in this section
as the ``Committee''), regarding comprehensive and
interdisciplinary issues related to transportation equity
from a variety of stakeholders in transportation planning,
design, research, policy, and advocacy.
(2) Purpose of the advisory committee.--The Committee
established under paragraph (1) shall provide independent
advice and recommendations to the Secretary on transportation
equity, including developing a strategic plan with
recommendations to the Secretary on national transportation
metrics and the effect on such factors as economic
development, connectivity, and public engagement.
(b) Duties.--The Committee shall evaluate the work of the
Department of Transportation in connecting people to economic
and related forms of opportunity and revitalize communities
in carrying out its strategic, research, technological,
regulatory, community engagement, and economic policy
activities related to transportation and opportunity.
Decisions directly affecting implementation of transportation
policy remain with the Secretary.
(c) Membership.--
(1) In general.--The Secretary shall appoint an odd number
of members of not less than 9 but not more than 15 members
(with a quorum consisting of a majority of members rounded up
to the nearest odd number), to include balanced
representation from academia, community groups, industry and
business, non-governmental organizations, State and local
governments, federally recognized Tribal Governments,
advocacy organizations, and indigenous groups with varying
points of view.
(2) Broad representation.--To the extent practicable,
members of the Committee shall reflect a variety of
backgrounds and experiences, geographic diversity, including
urban, rural, tribal, territories, and underserved and
marginalized communities throughout the country, and
individuals with expertise in related areas such as housing,
health care, and the environment.
(3) Replacement for non-active members .--The Secretary may
remove a non-active member who misses 3 consecutive meetings
and appoint a replacement to service for the period of time
set forth in paragraph (5).
(4) Meetings.--The Committee shall meet not less than 2
times each year with not more than 9 months between meetings
at a reasonable time, in a place accessible to the public,
and in a room large enough to accommodate the Committee
members, staff, and reasonable number of interested members
of the public. The room in which the Committee meets shall be
large enough to accommodate at least 100 and shall be
compliant with the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
(5) Term.--Each member of the Committee shall serve a 2-
year term with not more than 2 consecutive term
reappointments, but may continue service until a replacement
is appointed.
(6) Support.--The Office of the Under Secretary for Policy
of the Department of the Department of Transportation shall
provide necessary funding, logistics, and administrative
support for the Committee.
(d) Application of FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall apply to the Committee established
under this section, with the exception of section 14 of such
Act.
SEC. 6009. SENSE OF CONGRESS.
It is the sense of the Congress that walking, bicycling,
and public transportation are complementary modes of
transportation, and that pedestrian and bicycle pathways and
related improvements within the right-of-way of public
transportation are an appropriate use of the right-of-way for
the benefit of the public, do not exceed the reasonable use
of the right-of-way, and every effort should be made to
support the development and safe operation of such pedestrian
and bicycle pathways.
TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT
SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION ACT.
(a) Creditworthiness.--Section 602(a)(2) of title 23,
United States Code, is amended--
(1) in subparagraph (A)(iv)--
(A) by striking ``a rating'' and inserting ``an investment
grade rating''; and
(B) by striking ``$75,000,000'' and inserting
``$150,000,000''; and
(2) in subparagraph (B)--
(A) by striking ``the senior debt'' and inserting ``senior
debt''; and
(B) by striking ``credit instrument is for an amount less
than $75,000,000'' and inserting ``total amount of other
senior debt and the Federal credit instrument is less than
$150,000,000''.
(b) Buy America Application.--Section 602(c)(1) of title
23, United States Code, is amended by striking ``of title
49'' inserting ``and section 22905(a) of title 49, subject to
the requirements of section 5320(o) of title 49,''.
(c) Non-Federal Share.--Section 603(b) of title 23, United
States Code, is amended by striking paragraph (8) and
inserting the following:
``(8) Non-federal share.--Notwithstanding paragraph (9) and
section 117(j)(2), the proceeds of a secured loan under the
TIFIA program shall be considered to be part of the non-
Federal share of project costs required under this title or
chapter 53 of title 49, if the loan is repayable from non-
Federal funds.''.
(d) Exemption of Funds From TIFIA Federal Share
Requirement.--Section 603(b)(9) of title 23, United States
Code, is amended by adding at the end the following:
``(C) Territories.--Funds provided for a territory under
section 165(c) shall not be considered Federal assistance for
purposes of subparagraph (A).''.
(e) Streamlined Application Process.--Section 603(f) of
title 23, United States Code, is amended by adding at the end
the following:
``(3) Additional terms for expedited decisions.--
``(A) In general.--Not later than 120 days after the date
of enactment of this paragraph, the Secretary shall implement
an expedited decision timeline for public agency borrowers
seeking secured loans that meet--
``(i) the terms under paragraph (2); and
``(ii) the additional criteria described in subparagraph
(B).
``(B) Additional criteria.--The additional criteria
referred to in subparagraph (A)(ii) are the following:
``(i) The secured loan is made on terms and conditions that
substantially conform to the conventional terms and
conditions established by the National Surface Transportation
Innovative Finance Bureau.
``(ii) The secured loan is rated in the A category or
higher.
``(iii) The TIFIA program share of eligible project costs
is 33 percent or less.
``(iv) The applicant demonstrates a reasonable expectation
that the contracting process for the project can commence by
not later than 90 days after the date on which a Federal
credit instrument is obligated for the project under the
TIFIA program.
``(v) The project has received a categorical exclusion, a
finding of no significant impact, or a record of decision
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(C) Written notice.--The Secretary shall provide to an
applicant seeking a secured loan under the expedited decision
process under this paragraph a written notice informing the
applicant whether the Secretary has approved or disapproved
the application by not later than 180 days after the date on
which the Secretary submits to the applicant a letter
indicating that the National Surface Transportation
Innovative Finance Bureau has commenced the creditworthiness
review of the project.''.
(f) Assistance to Small Projects.--Section 605(f)(1) of
title 23, United States Code, is amended by striking
``$2,000,000'' and inserting ``$3,000,000''.
(g) Administrative Funds.--Section 608(a)(5) of title 23,
United States Code, is amended by striking ``$6,875,000'' and
all that follows through the period and inserting ``2.5
percent for the administration of the TIFIA program.''.
(h) Application Process Report.--Section 609(b)(2)(A) of
title 23, United States Code, is amended--
(1) in clause (iv) by striking ``and'';
(2) in clause (v) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(vi) whether the project is located in a metropolitan
statistical area, micropolitan statistical area, or neither
(as such areas are defined by the Office of Management and
Budget).''.
(i) Status Reports.--Section 609 of title 23, United States
Code, is amended by adding at the end the following:
``(c) Status Reports.--
``(1) In general.--The Secretary shall publish on the
website for the TIFIA program--
``(A) on a monthly basis, a current status report on all
submitted letters of interest and applications received for
assistance under the TIFIA program; and
``(B) on a quarterly basis, a current status report on all
approved applications for assistance under the TIFIA program.
``(2) Inclusions.--Each monthly and quarterly status report
under paragraph (1) shall include, at a minimum, with respect
to each project included in the status report--
``(A) the name of the party submitting the letter of
interest or application;
``(B) the name of the project;
``(C) the date on which the letter of interest or
application was received;
``(D) the estimated project eligible costs;
``(E) the type of credit assistance sought; and
``(F) the anticipated fiscal year and quarter for closing
of the credit assistance.''.
DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION
SEC. 8001. SHORT TITLE.
This division may be cited as the ``Improving Hazardous
Materials Safety Act of 2021''.
TITLE I--AUTHORIZATIONS
SEC. 8101. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 of title 49, United States Code, is amended--
(1) in subsection (a) by striking paragraphs (1) through
(5) and inserting the following:
``(1) $75,000,000 for fiscal year 2022;
``(2) $70,000,000 for fiscal year 2023;
``(3) $71,000,000 for fiscal year 2024;
``(4) $73,000,000 for fiscal year 2025; and
``(5) $74,000,000 for fiscal year 2026.'';
(2) in subsection (b)--
(A) by striking ``fiscal years 2016 through 2020'' and
inserting ``fiscal years 2022 through 2026'';
(B) in paragraph (1) by striking ``$21,988,000'' and
inserting ``$24,025,000''; and
(C) in paragraph (4) by striking ``$1,000,000'' and
inserting ``$2,000,000'';
(3) in subsection (c) by striking ``$4,000,000 for each of
fiscal years 2016 through 2020'' and inserting ``$5,000,000
for each of fiscal years 2022 through 2026'';
(4) in subsection (d) by striking ``$1,000,000 for each of
fiscal years 2016 through 2020'' and inserting ``$4,000,000
for each of fiscal years 2022 through 2026'';
(5) by redesignating subsection (e) as subsection (f); and
[[Page H3466]]
(6) by inserting after subsection (d) the following:
``(e) Assistance With Local Emergency Responder Training
Grants.--From the Hazardous Materials Emergency Preparedness
Fund established under section 5116(h), the Secretary may
expend $1,800,000 for each of fiscal years 2022 through 2026
to carry out the grant program under section 5107(j).''.
TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT
SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED TO LITHIUM
CELLS AND BATTERIES.
(a) Repeal.--Section 828 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 44701 note), and the item
relating to such section in the table of contents in section
1(b) of such Act, are repealed.
(b) Conforming Amendments.--Section 333 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 44701 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(A) In general.--'' and all that follows
through ``the Secretary'' and inserting ``The Secretary'';
and
(ii) by striking subparagraph (B); and
(B) in paragraph (2) by striking ``Pursuant to section 828
of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
44701 note), the Secretary'' and inserting ``The Secretary'';
(2) by striking paragraph (4) of subsection (b); and
(3) by striking paragraph (1) of subsection (h) and
inserting the following:
``(1) ICAO technical instructions.--The term `ICAO
Technical Instructions' means the International Civil
Aviation Organization Technical Instructions for the Safe
Transport of Dangerous Goods by Air.''.
(c) Lithium Battery Safety Evaluation and Report.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Pipeline and
Hazardous Materials Safety Administration, in coordination
with the Administrator of the Federal Aviation
Administration, shall evaluate outstanding recommendations of
the National Transportation Safety Board regarding
transportation of lithium batteries by air.
(2) 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
Commerce, Science, and Transportation of the Senate, a report
on the evaluation described in paragraph (1).
SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS BY RAIL
TANK CAR.
(a) Stay of Authorization for Transportation of Liquefied
Natural Gas by Tank Car.--
(1) In general.--Any regulation authorizing the
transportation of liquefied natural gas by rail tank car
issued before the date of enactment of this Act shall have no
force or effect until--
(A) the Secretary of Transportation conducts the
evaluation, testing, and analysis required in subsections
(b), (c), and (d);
(B) the Secretary issues the report required by subsection
(e);
(C) the Comptroller General of the United States completes
the evaluation and report required under subsection (g); and
(D) the Secretary issues a final rule updating the
regulation described in this paragraph that incorporates the
additional data, research, and analysis required under this
section.
(2) Permit or approval.--The Secretary shall rescind any
special permit or approval for the transportation of
liquefied natural gas by rail tank car issued before the date
of enactment of this Act.
(b) Evaluation.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Pipeline and
Hazardous Materials Safety Administration, in coordination
with the Administrator of the Federal Railroad
Administration, shall initiate an evaluation of the safety,
security, and environmental risks of transporting liquefied
natural gas by rail.
(c) Testing.--In conducting the evaluation under subsection
(a), the Administrator of the Pipeline and Hazardous
Materials Safety Administration shall--
(1) perform physical testing of rail tank cars, including,
at a minimum, the DOT-113C120-W9 specification, to evaluate
the performance of such rail tank cars in the event of an
accident or derailment, including evaluation of the extent to
which design and construction features such as steel
thickness and valve protections prevent or mitigate the
release of liquefied natural gas;
(2) analyze multiple release scenarios, including
derailments, front-end collisions, rear-end collisions, side-
impact collisions, grade-crossing collisions, punctures, and
impact of an incendiary device, at a minimum of three speeds
of travel with a sufficient range of speeds to evaluate the
safety, security, and environmental risks posed under real-
world operating conditions; and
(3) examine the effects of exposure to climate conditions
across rail networks, including temperature, humidity, and
any other factors that the Administrator of the Federal
Railroad Administration determines could influence
performance of rail tank cars and components of such rail
tank cars.
(d) Other Factors To Consider.--In conducting the
evaluation under subsection (b), the Administrator of the
Pipeline and Hazardous Materials Safety shall evaluate the
impact of a discharge of liquefied natural gas from a rail
tank car on public safety and the environment, and consider--
(1) the safety benefits of route restrictions, speed
restrictions, enhanced brake requirements, personnel
requirements, rail tank car technological requirements, and
other operating controls;
(2) the inclusion of consist restrictions, including
limitations on the arrangement and quantity of rail tank cars
carrying liquefied natural gas in any given consist;
(3) the identification of potential impact areas, and the
number of homes and structures potentially endangered by a
discharge in rural, suburban, and urban environments;
(4) the impact of discharge on the environment, including
air quality impacts;
(5) the benefits of advanced notification to the Department
of Transportation, State Emergency Response Commissions, and
Tribal Emergency Response Commissions of routes for moving
liquefied natural gas by rail tank car;
(6) how first responders respond to an incident, including
the extent to which specialized equipment or training would
be required and the cost to communities for acquiring any
necessary equipment or training;
(7) whether thermal radiation could occur from a discharge;
(8) an evaluation of the rail tank car authorized by the
Secretary of Transportation for liquefied natural gas or
similar cryogenic liquids, and a determination of whether
specific safety enhancements or new standards are necessary
to ensure the safety of rail transport of liquefied natural
gas; and
(9) the risks posed by the transportation of liquefied
natural gas by International Organization for Standardization
containers authorized by the Federal Railroad Administration.
(e) 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
available to the public--
(1) a report based on the evaluation and testing conducted
under subsections (b) and (c), which shall include the
results of the evaluation and testing and recommendations for
mitigating or eliminating the safety, security,
environmental, and other risks of an accident or incident
involving the transportation of liquefied natural gas by
rail; and
(2) a complete list of all research related to the
transportation of liquefied natural gas by rail conducted by
the Federal Railroad Administration, the Pipeline and
Hazardous Materials Safety Administration, or any other
entity of the Federal Government since 2010 that includes,
for each research item--
(A) the title of any reports or studies produced with
respect to the research;
(B) the agency, entity, or organization performing the
research;
(C) the names of all authors and co-authors of any report
or study produced with respect to the research; and
(D) the date any related report was published or is
expected to publish.
(f) Data Collection.--The Administrator of the Federal
Railroad Administration and the Administrator of the Pipeline
and Hazardous Materials Safety Administration shall collect
any relevant data or records necessary to complete the
evaluation required by subsection (b).
(g) GAO Report.--After the evaluation required by
subsection (b) has been completed, the Comptroller General
shall conduct an independent evaluation to verify that the
Federal Railroad Administration and the Pipeline and
Hazardous Materials Safety Administration complied with the
requirements of this Act, and transmit 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 the findings of such
independent evaluation.
(h) Funding.--From the amounts made available for fiscal
year 2022 under section 5128(a) of title 49, United States
Code, the Secretary shall expend not less than $4,000,000 and
not more than $6,000,000 to carry out the evaluation under
subsection (a).
SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIREMENTS AND
GRANTS.
Section 5107 of title 49, United States Code, is amended by
adding at the end the following:
``(j) Assistance With Local Emergency Responder Training.--
The Secretary shall establish a program to make grants, on a
competitive basis, to nonprofit organizations to develop
hazardous materials response training for emergency
responders and make such training available electronically or
in person.''.
SEC. 8204. LITHIUM BATTERY APPROVAL.
(a) In General.--Chapter 51 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 5129. Lithium battery approval
``(a) Approval to Transport Certain Batteries in
Commerce.--A person may not transport in commerce a specified
lithium battery that is determined by the Secretary to be a
high safety or security risk unless--
``(1) the manufacturer of such battery receives an approval
from the Secretary; and
``(2) the manufacture of such battery meets the
requirements of this section and the regulations issued under
subsection (d).
``(b) Term of Approval.--An approval granted to a
manufacturer under this section shall not exceed 5 years.
``(c) Approval Process.--To receive an approval for a
specified lithium battery under this section, a manufacturer
shall--
``(1) allow the Secretary, or an entity designated by the
Secretary, to inspect the applicant's manufacturing process
and procedures;
``(2) bear the cost of any inspection carried out under
paragraph (1); and
``(3) develop and implement, with respect to the
manufacture of such battery--
``(A) a comprehensive quality management program; and
[[Page H3467]]
``(B) appropriate product identification, marking,
documentation, lifespan, and tracking measures.
``(d) Regulations Required.--Not later than 2 years after
the date of enactment of this section, the Secretary shall
issue regulations to carry out this section. Such regulations
shall include--
``(1) parameters for, and a process for receiving, an
approval under this section; and
``(2) a determination of the types of specified lithium
batteries that pose a high safety or security risk in
transport, including battery or cell type, size, and energy
storage capacity.
``(e) Rule of Construction.--Nothing in this section shall
be construed--
``(1) to affect any provision, limitation, or prohibition
with respect to the transportation of a specified lithium
battery in effect as of the date of enactment of this
section; or
``(2) to authorize transportation of any such battery if
such transportation is not already authorized as of the date
of enactment of this section.
``(f) Specified Lithium Battery Defined.--In this section,
the term `specified lithium battery' means--
``(1) a lithium ion cell or battery; or
``(2) a lithium metal cell or battery.''.
(b) Clerical Amendment.--The analysis for chapter 51 of
title 49, United States Code, is amended by adding at the end
the following:
``5129. Lithium battery approval.''.
DIVISION D--RAIL
SEC. 9001. SHORT TITLE.
This division may be cited as the ``Transforming Rail by
Accelerating Investment Nationwide Act'' or the ``TRAIN
Act''.
TITLE I--AUTHORIZATIONS
SEC. 9101. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Grants to Amtrak.--
(1) Northeast corridor.--There are authorized to be
appropriated to the Secretary of Transportation for the use
of Amtrak for activities associated with the Northeast
Corridor the following amounts:
(A) For fiscal year 2022, $2,500,000,000.
(B) For fiscal year 2023, $2,600,000,000.
(C) For fiscal year 2024, $2,700,000,000.
(D) For fiscal year 2025, $2,800,000,000.
(E) For fiscal year 2026, $2,900,000,000.
(2) National network.--There are authorized to be
appropriated to the Secretary for the use of Amtrak for
activities associated with the National Network the following
amounts:
(A) For fiscal year 2022, $3,500,000,000.
(B) For fiscal year 2023, $3,600,000,000.
(C) For fiscal year 2024, $3,700,000,000.
(D) For fiscal year 2025, $3,800,000,000.
(E) For fiscal year 2026, $3,900,000,000.
(b) Project Management Oversight.--The Secretary may
withhold up to one-half of one percent annually from the
amounts made available under subsection (a) for oversight.
(c) Amtrak Common Benefit Costs for State-Supported
Routes.-- For fiscal year 2022, if funds are made available
under subsection (a)(2) in excess of the amounts authorized
for fiscal year 2020 under section 11101(b) of the FAST Act
(Public Law 114-94), Amtrak shall use up to $250,000,000 of
the excess funds to defray the share of operating costs of
Amtrak's national assets (as such term is defined in section
24320(c)(5) of title 49, United States Code) and corporate
services (as such term is defined pursuant to section
24317(b) of title 49, United States Code) that is allocated
to the State-supported services. After the update of the cost
methodology policy required under section 24712(a)(7)(B) of
title 49, United States Code, is implemented, there are
authorized to be appropriated to the Secretary for the use of
Amtrak such sums as may be necessary for each of the fiscal
years 2023 through 2026 for the implementation of the updated
policy.
(d) State-Supported Route Committee.--Of the funds made
available under subsection (a)(2), the Secretary may make
available up to $4,000,000 for each fiscal year for the
State-Supported Route Committee established under section
24712 of title 49, United States Code.
(e) Northeast Corridor Commission.--Of the funds made
available under subsection (a)(1), the Secretary may make
available up to $6,000,000 for each fiscal year for the
Northeast Corridor Commission established under section 24905
of title 49, United States Code.
(f) Authorization of Appropriations for Amtrak Office of
Inspector General.--There are authorized to be appropriated
to the Office of Inspector General of Amtrak the following
amounts:
(1) For fiscal year 2022, $26,500,000.
(2) For fiscal year 2023, $27,000,000.
(3) For fiscal year 2024, $27,500,000.
(4) For fiscal year 2025, $28,000,000.
(5) For fiscal year 2026, $28,500,000.
(g) Passenger Rail Improvement, Modernization, and
Expansion Grants.--
(1) There are authorized to be appropriated to the
Secretary to carry out section 22906 of title 49, United
States Code, the following amounts:
(A) For fiscal year 2022, $4,800,000,000.
(B) For fiscal year 2023, $4,900,000,000.
(C) For fiscal year 2024, $5,000,000,000.
(D) For fiscal year 2025, $5,100,000,000.
(E) For fiscal year 2026, $5,200,000,000.
(2) Project management oversight.--The Secretary may
withhold up to 1 percent of the total amount appropriated
under paragraph (1) for the costs of program management
oversight, including providing technical assistance and
project planning guidance, of grants carried out under
section 22906 of title 49, United States Code.
(3) High-speed rail corridor planning.--The Secretary shall
withhold at least 4 percent of funding in paragraph (1) for
the purposes described in section 22906(a)(1)(B) of title 49,
United States Code. Any funds withheld by this paragraph that
remain unobligated at the end of the fiscal year following
the fiscal year in which such funds are made available may be
used for any eligible project under section 22906 of such
title.
(h) Consolidated Rail Infrastructure and Safety
Improvements.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22907 of title 49, United
States Code, the following amounts:
(A) For fiscal year 2022, $1,200,000,000.
(B) For fiscal year 2023, $1,300,000,000.
(C) For fiscal year 2024, $1,400,000,000.
(D) For fiscal year 2025, $1,500,000,000.
(E) For fiscal year 2026, $1,600,000,000.
(2) Project management oversight.--The Secretary may
withhold up to 2 percent of the total amount appropriated
under paragraph (1) for the costs of program management
oversight, including providing technical assistance and
project planning guidance, of grants carried out under
section 22907 of title 49, United States Code.
(3) Rail safety public awareness.--Of the amounts made
available under paragraph (1), the Secretary may make
available up to $5,000,000 for each of fiscal years 2022
through 2026 to make grants under section 22907(o) of title
49, United States Code.
(4) Railroad trespassing enforcement.--Of the amounts made
available under paragraph (1), the Secretary may make
available up to $250,000 for each of fiscal years 2022
through 2026 to make grants under section 22907(p) of title
49, United States Code.
(5) Railroad trespassing suicide prevention.--Of the
amounts made available under paragraph (1), the Secretary may
make available up to $1,000,000 for each of fiscal years 2022
through 2026 to make grants under section 22907(q) of title
49, United States Code.
(i) Bridges, Stations, and Tunnels Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22909 of title 49, United
States Code, the following amounts:
(A) For fiscal year 2022, $4,800,000,000.
(B) For fiscal year 2023, $4,900,000,000.
(C) For fiscal year 2024, $5,000,000,000.
(D) For fiscal year 2025, $5,100,000,000.
(E) For fiscal year 2026, $5,200,000,000.
(2) Project management oversight.--The Secretary may
withhold up to one half of 1 percent of the total amount
appropriated under paragraph (1) for the costs of program
management oversight, including providing technical
assistance and project planning guidance, of grants carried
out under section 22909 of title 49, United States Code.
(j) Railroad Rehabilitation and Improvement Financing.--
(1) In general.--There are authorized to be appropriated to
the Secretary for payment of credit risk premiums in
accordance with section 502(f)(1) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
822(f)(1)) the following amounts, to remain available until
expended:
(A) For fiscal year 2022, $160,000,000.
(B) For fiscal year 2023, $170,000,000.
(C) For fiscal year 2024, $180,000,000.
(D) For fiscal year 2025, $190,000,000.
(E) For fiscal year 2026, $200,000,000.
(2) Refund of premium.--There are authorized to be
appropriated to the Secretary $70,000,000 to repay the credit
risk premium under section 502 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822) for each
loan in cohort 3, as defined by the memorandum to the Office
of Management and Budget of the Department of Transportation
dated November 5, 2018, with interest accrued thereon, not
later than 60 days after the date on which all obligations
attached to each such loan have been satisfied. For each such
loan for which obligations have been satisfied as of the date
of enactment of this Act, the Secretary shall repay the
credit risk premium of each such loan, with interest accrued
thereon, not later than 60 days after the date of the
enactment of this Act.
(k) Restoration and Enhancement Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22908 of title 49, United
States Code, $20,000,000 for each of fiscal years 2022
through 2026.
(2) Project management oversight.--The Secretary may
withhold up to 1 percent from the total amounts appropriated
under paragraph (1) for the costs of project management
oversight of grants carried out under section 22908 of title
49, United States Code.
(l) Grade Crossing Separation Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22912 of title 49, United
States Code, (as added by section 9551 of this Act) the
following amounts:
(A) For fiscal year 2022, $450,000,000.
(B) For fiscal year 2023, $475,000,000.
(C) For fiscal year 2024, $500,000,000.
(D) For fiscal year 2025, $525,000,000.
(E) For fiscal year 2026, $550,000,000.
(2) Project management oversight.--The Secretary may
withhold up to 2 percent from the total amounts appropriated
under paragraph (1) for the costs of project management
oversight, including providing technical assistance and
project planning guidance, of grants carried out under
section 22912 of title 49, United States Code.
(m) Authorization of Appropriations to the Federal Railroad
Administration.--Section 20117 of title 49, United States
Code, is amended to read as follows:
``Sec. 20117. Authorization of appropriations
``(a) Safety and Operations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Transportation
[[Page H3468]]
for the operations of the Federal Railroad Administration and
to carry out railroad safety activities authorized or
delegated to the Administrator--
``(A) $290,500,000 for fiscal year 2022;
``(B) $303,300,000 for fiscal year 2023;
``(C) $316,100,000 for fiscal year 2024;
``(D) $324,400,000 for fiscal year 2025; and
``(E) $332,900,000 for fiscal year 2026.
``(2) Automated track inspection program and data
analysis.--From the funds made available under paragraph (1)
for each of fiscal years 2022 through 2026, not more than
$17,000,000 may be expended for the Automated Track
Inspection Program and data analysis related to track
inspection. Such funds shall remain available until expended.
``(3) State participation grants.--Amounts made available
under paragraph (1) for grants under section 20105(e) shall
remain available until expended.
``(4) Regional planning guidance.--The Secretary may
withhold up to $20,000,000 from the amounts made available
for each fiscal year under paragraph (1) to facilitate and
provide guidance for regional planning processes, including
not more than $500,000 annually for each interstate rail
compact.
``(5) Railroad safety inspectors.--
``(A) In general.--The Secretary shall ensure that the
number of full-time equivalent railroad safety inspection
personnel employed by the Office of Railroad Safety of the
Federal Railroad Administration does not fall below the
following:
``(i) 379 for fiscal year 2022;
``(ii) 403 for fiscal year 2023;
``(iii) 422 for fiscal year 2024;
``(iv) 424 for fiscal year 2025; and
``(v) 426 for fiscal year 2026.
``(B) Consideration.--In meeting the minimum railroad
safety inspector levels under subparagraph (A), the Secretary
shall consider the ability of railroad safety inspectors to
analyze railroad safety data.
``(C) Funding.--From the amounts made available to the
Secretary under subsection (a)(1), the Secretary shall use
the following amounts to carry out subparagraph (A):
``(i) $3,244,104 for fiscal year 2022.
``(ii) $6,488,208 for fiscal year 2023.
``(iii) $9,056,457 for fiscal year 2024.
``(iv) $9,326,799 for fiscal year 2025.
``(v) $9,597,141 for fiscal year 2026.
``(6) Other safety personnel.--
``(A) Increase in number of support employees.--The
Secretary shall, for each of fiscal years 2022 and 2023,
increase by 10 the total number of full-time equivalent
employees working as specialists, engineers, or analysts in
the field supporting inspectors compared to the number of
such employees employed in the previous fiscal year.
``(B) Funding.--From the amounts made available to the
Secretary under subsection (a)(1), the Secretary shall use
the following amounts to carry out subparagraph (A):
``(i) $1,631,380 for fiscal year 2022.
``(ii) $3,262,760 for fiscal year 2023.
``(iii) $3,262,760 for fiscal year 2024.
``(iv) $3,262,760 for fiscal year 2025.
``(v) $3,262,760 for fiscal year 2026.
``(b) Railroad Research and Development.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of
Transportation for necessary expenses for carrying out
railroad research and development activities the following
amounts which shall remain available until expended:
``(A) $67,000,000 for fiscal year 2022.
``(B) $69,000,000 for fiscal year 2023.
``(C) $71,000,000 for fiscal year 2024.
``(D) $73,000,000 for fiscal year 2025.
``(E) $75,000,000 for fiscal year 2026.
``(2) Short line safety.--From funds made available under
paragraph (1) for each of fiscal years 2022 through 2026, the
Secretary may expend not more than $4,000,000--
``(A) for grants to improve safety practices and training
for Class II and Class III freight, commuter, and intercity
passenger railroads; and
``(B) to develop safety management systems for Class II and
Class III freight, commuter, and intercity passenger
railroads through the continued development of safety culture
assessments, transportation emergency response plans,
training and education, outreach activities, best practices
for trespassing prevention and employee trauma response, and
technical assistance.
``(3) University rail climate innovation institute.--
``(A) In general.--Of the amounts made available under
paragraph (1), the Secretary may make available up to
$20,000,000 for each of fiscal years 2022 through 2026 to
establish the University Rail Climate Innovation Institute
under section 22913.
``(B) Project management oversight.--The Secretary may
withhold up to 1 percent from the total amounts appropriated
under subparagraph (A) for the costs of project management
oversight of the grant carried out under section 22913.
``(4) Suicide prevention research funding.--From funds made
available under paragraph (1) for each of fiscal years 2022
through 2026, the Secretary may make available not less than
$1,000,000 for human factors research undertaken by the
Federal Railroad Administration, including suicide
countermeasure evaluation, data exploration and quality
improvement, and other initiatives as appropriate.''.
(n) Limitation on Financial Assistance for State-Owned
Enterprises.--
(1) In general.--Funds provided under this section and the
amendments made by 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.
(o) Rail Trust Fund.--
(1) In general.--
(A) Funding.--Beginning on the date on which a rail trust
fund is established, any amounts made available under
subsections (a), (g), (h), (i), (j)(1), (k), and (l) shall be
derived from such fund.
(B) Rail trust fund defined.--In this subsection, the term
``rail trust fund'' means a trust fund established under the
Internal Revenue Code of 1986 for making certain expenditures
for the benefit of rail and for crediting certain taxes and
penalties collected relating to rail.
(2) Sense of committee on need for rail trust fund.--The
following is the sense of the Committee on Transportation and
Infrastructure of the House of Representatives:
(A) There is a discrepancy in historical Federal investment
between highways, aviation, and intercity passenger rail.
Between 1949 and 2017, the Federal Government invested more
than $2 trillion in our nation's highways and over $777
billion in aviation. The Federal Government has invested $96
billion in intercity passenger rail, beginning in 1971 with
the creation of the National Railroad Passenger Corporation.
Intercity passenger rail Federal investment is only 12
percent of Federal aviation investment and less than 5
percent of Federal highway investment.
(B) Congress has recognized the value and importance of a
predictable, dedicated funding source through a trust fund
for all other modes of transportation including for aviation,
highways, transit, and waterways. The Highway Trust Fund was
created in 1956. The Airport and Aviation Trust Fund was
created in 1970. The Inland Waterways Trust Fund was created
in 1978. Mass transit was added to the Highway Trust Fund in
1983. The Harbor Maintenance Trust Fund was created in 1986.
With regard to Federal transportation investment, only
intercity passenger and freight rail do not have a
predictable, dedicated funding source through a trust fund.
(C) The Federal Railroad Administration has identified more
than $300 billion worth of investment needed to develop both
high-speed and higher speed intercity passenger rail
corridors around the United States. In addition, a Federal
Railroad Administration report from 2014 found that shortline
and regional railroads need $7 billion of investment. The
Northeast Corridor has a $40 billion state of good repair
backlog.
(D) A rail trust fund would provide a predictable,
dedicated funding source to high-speed and intercity
passenger rail projects and for the public benefits of
shortline and regional railroad freight rail projects. A
trust fund provides essential longer term funding certainty
to allow the United States to develop quality intercity
passenger rail service in corridors across the country,
eliminate the state of good repair backlog on the Northeast
Corridor, allow for accessible equipment and stations for
passengers with disabilities, move more freight on rail,
redevelop an American passenger rail car manufacturing base,
create good paying, middle class jobs, and reduce our
nation's transportation carbon emissions.
SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZATION, AND
EXPANSION GRANTS.
(a) In General.--Section 22906 of title 49, United States
Code, is amended to read as follows:
``Sec. 22906. Passenger rail improvement, modernization, and
expansion grants
``(a) In General.--
``(1) Establishment.--The Secretary of Transportation shall
establish a program to make grants to eligible applicants
for--
``(A) capital projects that--
``(i) provide high-speed rail or intercity rail passenger
transportation;
``(ii) improve high-speed rail or intercity rail passenger
performance, including congestion mitigation, reliability
improvements, achievement of on-time performance standards
established under section 207 of the Rail Safety Improvement
Act of 2008 (49 U.S.C. 24101 note), reduced trip times,
increased train frequencies, higher operating speeds,
electrification, and other improvements, as determined by the
Secretary; and
``(iii) expand or establish high-speed rail or intercity
rail passenger transportation and facilities; or
``(B) corridor planning activities for high-speed rail
described in section 26101(b).
``(2) Purposes.--Grants under this section shall be for
projects that improve mobility, operational performance, or
growth of high-speed rail or intercity rail passenger
transportation.
``(b) Definitions.--In this section:
``(1) Eligible applicant.--The term `eligible applicant'
means--
``(A) a State;
``(B) a group of States;
``(C) an Interstate Compact;
[[Page H3469]]
``(D) a public agency or publicly chartered authority
established by 1 or more States;
``(E) a political subdivision of a State;
``(F) Amtrak, acting on its own behalf or under a
cooperative agreement with 1 or more States; or
``(G) an Indian Tribe.
``(2) Capital project.--The term `capital project' means--
``(A) a project or program for acquiring, constructing, or
improving--
``(i) passenger rolling stock;
``(ii) infrastructure assets, including tunnels, bridges,
stations, track and track structures, communication and
signalization improvements; and
``(iii) a facility of use in or for the primary benefit of
high-speed or intercity rail passenger transportation;
``(B) project planning, development, design, engineering,
location surveying, mapping, environmental analysis or
studies;
``(C) acquiring right-of-way or payments for rail trackage
rights agreements;
``(D) making highway-rail grade crossing improvements
related to high-speed rail or intercity rail passenger
transportation service;
``(E) electrification;
``(F) mitigating environmental impacts; or
``(G) a project relating to other assets determined
appropriate by the Secretary.
``(3) Intercity rail passenger transportation.--The term
`intercity rail passenger transportation' has the meaning
given such term in section 24102.
``(4) High-speed rail.--The term `high-speed rail' has the
meaning given such term in section 26105.
``(5) State.--The term `State' means each of the 50 States
and the District of Columbia.
``(6) Socially disadvantaged individuals.--The term
`socially disadvantaged individuals' has the meaning given
the term `socially and economically disadvantaged
individuals' in section 8(d) of the Small Business Act (15
U.S.C. 637(d)).
``(c) Project Requirements.--
``(1) Requirements.--To be eligible for a grant under this
section, an eligible applicant shall demonstrate that such
applicant has or will have--
``(A) the legal, financial, and technical capacity to carry
out the project;
``(B) satisfactory continuing control over the use of the
equipment or facilities that are the subject of the project;
and
``(C) an agreement in place for maintenance of such
equipment or facilities.
``(2) High-speed rail requirements.--
``(A) Corridor planning activities.--Notwithstanding
paragraph (1), the Secretary shall evaluate projects
described in subsection (a)(1)(B) based on the criteria under
section 26101(c).
``(B) High-speed rail project requirements.--To be eligible
for a grant for a high-speed rail project, an eligible
applicant shall demonstrate compliance with section
26106(e)(2)(A).
``(d) Project Selection Criteria.--
``(1) Priority.--In selecting a project for a grant under
this section, the Secretary shall give preference to projects
that--
``(A) are supported by multiple States or are included in a
multi-state regional plan or planning process;
``(B) achieve environmental benefits such as a reduction in
greenhouse gas emissions or an improvement in local air
quality; or
``(C) improve service to and investment in socially
disadvantaged individuals.
``(2) Additional considerations.--In selecting an applicant
for a grant under this section, the Secretary shall
consider--
``(A) the proposed project's anticipated improvements to
high-speed rail or intercity rail passenger transportation,
including anticipated public benefits on the--
``(i) effects on system and service performance;
``(ii) effects on safety, competitiveness, reliability,
trip or transit time, and resilience;
``(iii) overall transportation system, including
efficiencies from improved integration with other modes of
transportation or benefits associated with achieving modal
shifts;
``(iv) ability to meet existing, anticipated, or induced
passenger or service demand; and
``(v) projected effects on regional and local economies
along the corridor, including increased competitiveness,
productivity, efficiency, and economic development;
``(B) the eligible applicant's past performance in
developing and delivering similar projects;
``(C) if applicable, the consistency of the project with
planning guidance and documents set forth by the Secretary or
required by law; and
``(D) if applicable, agreements between all stakeholders
necessary for the successful delivery of the project.
``(3) Additional screening for high-speed rail.--In
selecting an applicant for a grant under this section, for
high-speed rail projects, the Secretary shall, in addition to
the application of paragraphs (1) and (2), apply the
selection and consideration criteria described in
subparagraphs (B) and (C) of section 26106(e)(2).
``(e) Federal Share of Total Project Costs.--
``(1) Total project cost estimate.--The Secretary shall
estimate the total cost of a project under this section based
on the best available information, including engineering
studies, studies of economic feasibility, environmental
analyses, and information on the expected use of equipment or
facilities.
``(2) Federal share.--The Federal share of total project
costs under this section shall not exceed 90 percent.
``(3) Treatment of revenue.--Applicants may use ticket and
other revenues generated from operations and other sources to
satisfy the non-Federal share requirements.
``(f) Letters of Intent.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable, issue a letter of intent to a recipient
of a grant under this section that--
``(A) announces an intention to obligate, for a project
under this section, an amount that is not more than the
amount stipulated as the financial participation of the
Secretary in the project, regardless of authorized amounts;
and
``(B) states that the contingent commitment--
``(i) is not an obligation of the Federal Government; and
``(ii) is subject to the availability of appropriations for
grants under this section and subject to Federal laws in
force or enacted after the date of the contingent commitment.
``(2) Congressional notification.--
``(A) In general.--Not later than 3 days before issuing a
letter of intent under paragraph (1), the Secretary shall
submit written notification to--
``(i) the Committee on Transportation and Infrastructure of
the House of Representatives;
``(ii) the Committee on Appropriations of the House of
Representatives;
``(iii) the Committee on Appropriations of the Senate; and
``(iv) the Committee on Commerce, Science, and
Transportation of the Senate.
``(B) Contents.--The notification submitted under
subparagraph (A) shall include--
``(i) a copy of the letter of intent;
``(ii) the criteria used under subsection (d) for selecting
the project for a grant; and
``(iii) a description of how the project meets such
criteria.
``(g) Appropriations Required.--An obligation may be made
under this section only when amounts are appropriated for
such purpose.
``(h) Availability.--Amounts made available to carry out
this section shall remain available until expended.
``(i) Grant Conditions.--Except as specifically provided in
this section, the use of any amounts appropriated for grants
under this section shall be subject to the grant conditions
under section 22905, except that the domestic buying
preferences of section 24305(f) shall apply to Amtrak in lieu
of the requirements of section 22905(a).''.
(b) Clerical Amendment.--The item relating to section 22906
in the analysis for chapter 229 of title 49, United States
Code, is amended to read as follows:
``22906. Passenger rail improvement, modernization, and expansion
grants.''.
(c) Definition of Satisfactory Continuing Control.--Section
22901 of title 49, United States Code, is amended by adding
at the end the following:
``(4) Satisfactory continuing control.--The term
`satisfactory continuing control' means the continuing
ability to utilize and ensure maintenance of an asset as a
result of full or partial ownership, lease, operating or
other enforceable contractual agreements, or statutory access
rights.''.
SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENT GRANTS.
Section 22907 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1) by striking ``The
following'' and inserting ``Except as provided in subsections
(o), (p), and (q), the following'';
(B) in paragraph (1) by inserting ``or the District of
Columbia'' before the period;
(C) in paragraph (10) by striking ``transportation
center''; and
(D) by adding at the end the following:
``(12) A commuter authority (as such term is defined in
section 24102).
``(13) An Indian Tribe.'';
(2) in subsection (c)--
(A) in paragraph (1) by inserting ``and upgrades'' after
``Deployment'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) through (12) as
paragraphs (2) through (11), respectively;
(D) in paragraph (2), as so redesignated, by inserting ``or
safety'' after ``address congestion'';
(E) in paragraph (3), as so redesignated, by striking
``identified by the Secretary'' and all that follows through
``rail transportation'' and inserting ``to improve service or
facilitate ridership growth in intercity rail passenger
transportation or commuter rail passenger transportation (as
such term is defined in section 24102)'';
(F) in paragraph (4), as so redesignated, by inserting ``to
establish new quiet zones or'' after ``engineering
improvements'';
(G) in paragraph (9), as so redesignated, by inserting ``,
including for suicide prevention and other rail trespassing
prevention'' before the period;
(3) in subsection (e)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--In selecting a recipient of a grant for
an eligible project, the Secretary shall give preference to--
``(A) projects that will maximize the net benefits of the
funds made available for use under this section, considering
the cost-benefit analysis of the proposed project, including
anticipated private and public benefits relative to the costs
of the proposed project and factoring in the other
considerations described in paragraph (2); and
``(B) projects that improve service to, or provide direct
benefits to, socially disadvantaged individuals (as defined
in section 22906(b)), including relocating or mitigating
infrastructure that limits community connectivity, including
mobility, access, or economic development of such
individuals.''; and
[[Page H3470]]
(B) in paragraph (3) by striking ``paragraph (1)(B)'' and
inserting ``paragraph (1)(A)'';
(4) in subsection (h)(2) by inserting ``, except that a
grant for a capital project involving zero-emission
locomotive technologies shall not exceed an amount in excess
of 90 percent of the total project costs'' before the period.
(5) by redesignating subsections (i), (j), and (k) as
subsections (l), (m), and (n) respectively; and
(6) by inserting after subsection (h) the following:
``(i) Large Projects.--Of the amounts made available under
this section, at least 25 percent shall be for projects that
have total project costs of greater than $100,000,000.
``(j) Commuter Rail.--
``(1) Administration of funds.--The amounts awarded under
this section for commuter rail passenger transportation
projects shall be transferred by the Secretary, after
selection, to the Federal Transit Administration for
administration of funds in accordance with chapter 53.
``(2) Grant condition.--
``(A) In general.--Notwithstanding section 22905(f)(1) and
22907(j)(1), as a condition of receiving a grant under this
section that is used to acquire, construct, or improve
railroad right-of-way or facilities, any employee covered by
the Railway Labor Act (45 U.S.C. 151 et seq.) and the
Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) who
is adversely affected by actions taken in connection with the
project financed in whole or in part by such grant shall be
covered by employee protective arrangements established under
section 22905(e).
``(B) Application of protective arrangement.--The grant
recipient and the successors, assigns, and contractors of
such recipient shall be bound by the protective arrangements
required under subparagraph (A). Such recipient shall be
responsible for the implementation of such arrangement and
for the obligations under such arrangement, but may arrange
for another entity to take initial responsibility for
compliance with the conditions of such arrangement.
``(3) Application of law.--Subsection (g) of section 22905
shall not apply to grants awarded under this section for
commuter rail passenger transportation projects.
``(k) Definition of Capital Project.--In this section, the
term `capital project' means a project or program for--
``(1) acquiring, constructing, improving, or inspecting
equipment, track and track structures, or a facility,
expenses incidental to acquisition or construction (including
project-level planning, designing, engineering, location
surveying, mapping, environmental studies, and acquiring
right-of-way), payments for rail trackage rights agreements,
highway-rail grade crossing improvements, mitigating
environmental impacts, communication and signalization
improvements, relocation assistance, acquiring replacement
housing sites, and acquiring, constructing, relocating, and
rehabilitating replacement housing;
``(2) rehabilitating, remanufacturing, or overhauling rail
rolling stock and facilities;
``(3) costs associated with developing State or multi-State
regional rail plans; and
``(4) the first-dollar liability costs for insurance
related to the provision of intercity passenger rail service
under section 22904.''; and
(7) by striking subsection (l).
SEC. 9104. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.
(a) In General.--Section 502 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A) by inserting ``civil works such as
cuts and fills, stations, tunnels,'' after ``components of
track,''; and
(ii) in subparagraph (D) by inserting ``, permitting,''
after ``reimburse planning''; and
(B) by striking paragraph (3);
(2) by striking subsection (e)(1) and inserting the
following:
``(1) Direct loans.--The interest rate on a direct loan
under this section shall be not less than the yield on United
States Treasury securities of a similar maturity to the
maturity of the direct loan on the date of execution of the
loan agreement.'';
(3) in subsection (f)--
(A) in paragraph (1) by adding ``The Secretary shall only
apply appropriations of budget authority to cover the costs
of direct loans and loan guarantees as required under section
504(b)(1) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661c(b)(1)), including the cost of a modification thereof, in
whole or in part, for entities described in paragraphs (1)
through (3) of subsection (a).'' at the end;
(B) in paragraph (3) by striking subparagraph (C) and
inserting the following:
``(C) An investment-grade rating on the direct loan or loan
guarantee, as applicable, if the total amount of the direct
loan or loan guarantee is less than $100,000,000.
``(D) In the case of a total amount of a direct loan or
loan guarantee greater than $100,000,000, an investment-grade
rating from at least 2 rating agencies on the direct loan or
loan guarantee, or an investment-grade rating on the direct
loan or loan guarantee and a projection of freight or
passenger demand for the project based on regionally
developed economic forecasts, including projections of any
modal diversion resulting from the project.''; and
(C) by adding at the end the following:
``(5) Repayment of credit risk premiums.--The Secretary
shall return credit risk premiums paid, and interest accrued
thereon, to the original source when all obligations of a
loan or loan guarantee have been satisfied. This paragraph
applies to any project that has been granted assistance under
this section after the date of enactment of the TRAIN Act.'';
and
(4) by adding at the end the following:
``(n) Non-Federal Share.--The proceeds of a loan provided
under this section shall be used as the non-Federal share of
project costs under this title and title 49 if such loan is
repayable from non-Federal funds.
``(o) Buy America.--
``(1) In general.--In awarding direct loans or loan
guarantees under this section, the Secretary shall require
each recipient to comply with section 22905(a) of title 49,
United States Code.
``(2) Specific compliance.--Notwithstanding paragraph (1),
the Secretary shall require--
``(A) Amtrak to comply with section 24305(f) of title 49,
United States Code; and
``(B) a commuter authority (as defined in section 24102 of
title 49, United States Code) to comply with section 5320 of
title 49, United States Code.''.
(b) Guidance.--Not later than 9 months after the date of
enactment of this Act, the Secretary shall publish guidance
that provides applicants for assistance under section 502 of
the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 822) information regarding the types of data,
assumptions, and other factors typically used to calculate
credit risk premiums required under subsection (f) of such
section. Such guidance shall include information to help
applicants understand how different factors may increase or
decrease such credit risk premiums.
SEC. 9105. BRIDGES, STATIONS, AND TUNNELS (BEST) GRANT
PROGRAM.
(a) In General.--Chapter 229 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 22909. Bridges, stations, and tunnels (BeST) grant
program
``(a) In General.--The Secretary of Transportation shall
establish a program (in this section referred to as the `BeST
Program') to provide grants to eligible entities for major
capital projects included in the BeST Inventory established
under subsection (b) for rail bridges, stations, and tunnels
that are publicly owned or owned by Amtrak to make safety,
capacity, and mobility improvements.
``(b) BeST Inventory.--
``(1) Establishment.--Not later than 120 days after the
date of enactment of the TRAIN Act, the Secretary shall
establish, and publish on the website of the Department of
Transportation an inventory (in this section referred to as
the `BeST Inventory') for publicly owned and Amtrak owned
major capital projects designated by the Secretary to be
eligible for funding under this section. The BeST Inventory
shall include major capital projects to acquire, refurbish,
rehabilitate, or replace rail bridges, stations, or tunnels
and any associated and co-located projects.
``(2) Considerations.--In selecting projects for inclusion
in the BeST Inventory, the Secretary shall give priority to
projects that provide the most benefit for intercity
passenger rail service in relation to estimated costs and
that are less likely to secure all of the funding required
from other sources.
``(3) Updates to best inventory.--Every 2 years after the
establishment of the BeST Inventory under paragraph (1), the
Secretary shall update the BeST Inventory and include it in
its annual budget justification.
``(4) Eligibility for best inventory.--Projects included in
the BeST Inventory--
``(A) shall be--
``(i) consistent with the record of decision issued by the
Federal Railroad Administration in July 2017 titled `NEC
FUTURE: A Rail Investment Plan for the Northeast Corridor'
(known as the `Selected Alternative');
``(ii) consistent with the most recent service development
plan under section 24904(a) (hereinafter in this section
referred to as the `Service Development Plan'); and
``(iii) located in a territory for which a cost allocation
policy is maintained pursuant to section 24905(c); or
``(B) shall be consistent with a multi-state regional
planning document equivalent to the document referred to in
subparagraph (A)(ii) with a completed Tier I environmental
review of such document pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(5) Project funding sequencing.--The Secretary shall
determine the order of priority for projects in the BeST
Inventory based on projects identified in paragraph (4) and
project management plans as described in subsection (d). The
Secretary may alter the BeST Inventory as necessary if
eligible entities are not carrying out the schedule
identified in the Inventory.
``(6) Terms.--The Secretary shall ensure the BeST Inventory
establishes, for each project included in such Inventory--
``(A) the roles and terms of participation by any railroad
bridge, station, or tunnel owners and railroad carriers in
the project; and
``(B) the schedule for such project that ensures efficient
completion of the project.
``(7) Special financial rules.--
``(A) In general.--Projects listed in the BeST Inventory
may include an agreement with a commitment, contingent on
future amounts to be specified in law for commitments under
this paragraph, to obligate an additional amount from future
available budget authority specified in law.
``(B) Statement of contingent commitment.--An obligation or
administrative commitment under this paragraph may be made
only when amounts are appropriated. An agreement shall state
that any contingent commitment is not an obligation of the
Federal Government, and is subject to the availability of
appropriations under Federal law and to Federal laws in force
or enacted after the date of the contingent commitment.
[[Page H3471]]
``(C) Financing costs.--Financing costs of carrying out the
project may be considered a cost of carrying out the project
under the BeST Inventory.
``(c) Expenditure of Funds.--
``(1) Federal share of total project costs.--The Federal
share for the total cost of a project under this section
shall not exceed 90 percent.
``(2) Non-federal share.--A recipient of funds under this
section may use any source of funds, including other Federal
financial assistance, to satisfy the non-Federal funds
requirement. The non-Federal share for a grant provided under
this section shall be consistent with section 24905(c) or
section 24712(a)(7) if either such section are applicable to
the railroad territory at the project location.
``(3) Availability of funds.--Funds made available under
this section shall remain available for obligation by the
Secretary for a period of 10 years after the last day of the
fiscal year for which the funds are appropriated, and remain
available for expenditure by the recipient of grant funds
without fiscal year limitation.
``(4) Eligible uses.--Funds made available under this
section may be used for projects contained in the most recent
BeST Inventory, including pre-construction expenses and the
acquisition of real property interests.
``(5) Funds awarded to amtrak.--Grants made to Amtrak shall
be provided in accordance with the requirements of chapter
243.
``(6) Grant conditions.--Except as provided in this
section, the use of any amounts made available for grants
under this section shall be subject to the grant requirements
in section 22905.
``(d) Project Management.--
``(1) Submission of project management plans.--The
Secretary shall establish a process, including specifying
formats, methods, and procedures, for applicants to submit a
project management plan to the Secretary for a project in the
BeST Inventory. Consistent with requirements in section
22903, project management plans shall--
``(A) describe the schedules, management actions, workforce
availability, interagency agreements, permitting, track
outage availability, and other factors that will determine
the entity's ability to carry out a project included in the
BeST Inventory; and
``(B) be updated and resubmitted in accordance with this
subsection every 2 years according to the schedule in the
most recent Service Development Plan, or equivalent multi-
state regional planning document with a completed Tier I
environmental review conducted pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Northeast corridor projects.--For projects on the
Northeast Corridor, an applicant shall submit such project
management plan to the Northeast Corridor Commission. Upon
receipt of such plan, the Northeast Corridor Commission shall
submit to the Secretary an updated Service Development Plan
that describes the schedule and sequencing of all capital
projects on the Northeast Corridor, including estimates of
the amount each sponsor entity will need in program funding
for each of the next 2 fiscal years to carry out the entity's
projects according to the Service Development Plan.
``(e) Cost Methodology Policy Requirements.--
``(1) In general.--The Secretary shall ensure, as a
condition of a grant agreement under this section for any
project located in a railroad territory where a policy
established pursuant to section 24905(c) or section 209 of
the Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note) applies, that a recipient of funds under
either such section maintain compliance with the policies, or
any updates to any applicable cost methodology policy, for
the railroad territory encompassing the project location.
``(2) Penalty for noncompliance.--If such recipient does
not maintain compliance with the policies described in
paragraph (1), the Secretary may--
``(A) withhold funds under this subsection from such
recipient up to the amount the recipient owes, but has not
paid; and
``(B) permanently reallocate such funds to other recipients
after a reasonable period.
``(f) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State, including the District of Columbia;
``(B) a group of States;
``(C) an Interstate Compact;
``(D) a public agency or publicly chartered authority
established by one or more States;
``(E) a political subdivision of a State;
``(F) Amtrak;
``(G) An Indian Tribe; or
``(H) any combination of the entities listed in
subparagraphs (A) through (G).
``(2) Major capital project.--The term `major capital
project' means a rail bridge, station, or tunnel project used
for intercity passenger rail service that has a total project
cost of at least $500,000,000.
``(3) Northeast corridor.--The term `Northeast Corridor'
has the meaning given the term in section 24904(e).
``(4) Publicly owned.--The term `publicly owned' means
major capital projects that are at least partially owned or
planned to be owned by the Federal Government or an eligible
entity.
``(5) Co-located project.--The term `co-located project'
means a capital project that is adjacent to a major capital
project and can be carried out during the same period.''.
(b) Clerical Amendment.--The analysis for chapter 229 of
title 49, United States Code, is amended by adding at the end
the following:
``22909. Bridges, stations, and tunnels (BeST) grant program.''.
SEC. 9106. BUY AMERICA.
Section 22905(a) of title 49, United States Code, is
amended--
(1) in paragraph (2)--
(A) in subparagraph (B) by adding ``or'' at the end;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as subparagraph (C);
(2) by striking paragraph (4) and inserting the following:
``(4)(A) If the Secretary receives a request for a waiver
under paragraph (2), the Secretary shall provide notice of
and an opportunity for public comment on the request at least
30 days before making a finding based on the request.
``(B) A notice provided under subparagraph (A) shall--
``(i) include the information available to the Secretary
concerning the request, including whether the request is
being made under subparagraph (A), (B), or (C) of paragraph
(2); and
``(ii) be provided by electronic means, including on the
official public website of the Department of
Transportation.'';
(3) in paragraph (5)--
(A) by striking ``2012'' and inserting ``2020, and each
year thereafter''; and
(B) by inserting ``during the preceding fiscal year''
before the period; and
(4) by adding at the end the following:
``(12) The requirements of this subsection apply to all
contracts for a project carried out within the scope of the
applicable finding, determination, or decisions under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), regardless of the funding source for activities
carried out pursuant to such contracts, if at least 1
contract for the project is funded with amounts made
available to carry out a provision specified in paragraph
(1).''.
TITLE II--AMTRAK REFORMS
SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS.
Section 24101 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``, to the extent its budget allows,''; and
(ii) by striking ``between crowded urban areas and in other
areas of'' and inserting ``throughout'';
(B) in paragraph (2) by striking the period and inserting
``, thereby providing additional capacity for the traveling
public and widespread air quality benefits.'';
(C) in paragraph (4)--
(i) by striking ``greater'' and inserting ``high''; and
(ii) by striking ``to Amtrak to achieve a performance level
sufficient to justify expending public money'' and inserting
``in order to meet the intercity passenger rail needs of the
United States'';
(D) in paragraph (5)--
(i) by inserting ``intercity and'' after ``efficient''; and
(ii) by striking ``the energy conservation and self-
sufficiency'' and inserting ``addressing climate change,
energy conservation, and self-sufficiency'';
(E) in paragraph (6) by striking ``through its subsidiary,
Amtrak Commuter,''; and
(F) by adding at the end the following:
``(9) Long-distance intercity passenger rail provides
economic benefits to rural communities and offers intercity
travel opportunities where such options are often limited,
making long-distance intercity passenger rail an important
part of the national transportation system.
``(10) The Northeast Corridor, long-distance routes, and
State-supported routes are interconnected and collectively
provide national rail passenger transportation.
``(11) Investments in intercity and commuter rail passenger
transportation support jobs that provide a pathway to the
middle class.'';
(2) in subsection (b) by striking ``The'' and all that
follows through ``consistent'' and inserting ``The mission of
Amtrak is to provide a safe, efficient, and high-quality
national intercity passenger rail system that is trip-time
competitive with other intercity travel options,
consistent'';
(3) in subsection (c)--
(A) by striking paragraph (1) and inserting the following:
``(1) use its best business judgment in acting to maximize
the benefits of public funding;'';
(B) in paragraph (2)--
(i) by striking ``minimize Government subsidies by
encouraging'' and inserting ``work with''; and
(ii) by striking the semicolon and inserting ``and
improvements to service;'';
(C) by striking paragraph (3) and inserting the following:
``(3) manage the passenger rail network in the interest of
public transportation needs, including current and future
Amtrak passengers;'';
(D) in paragraph (7) by striking ``encourage'' and
inserting ``work with'';
(E) in paragraph (11) by striking ``and'' the last place it
appears; and
(F) by striking paragraph (12) and inserting the following:
``(12) utilize and manage resources with a long-term
perspective, including sound investments that take into
account the overall lifecycle costs of an asset;
``(13) ensure that service is accessible, equitable, and
accommodating to passengers with disabilities and members of
underserved communities; and
``(14) maximize the benefits Amtrak generates for the
United States by creating quality jobs and supporting the
domestic workforce.''; and
(4) by striking subsection (d).
SEC. 9202. AMTRAK STATUS.
Section 24301(a) of title 49, United States Code, is
amended--
(1) in paragraph (1) by striking ``20102(2)'' and inserting
``20102''; and
[[Page H3472]]
(2) in paragraph (2) by inserting ``serving the public
interest in reliable passenger rail service'' after ``for-
profit corporation''.
SEC. 9203. BOARD OF DIRECTORS.
(a) In General.--Section 24302 of title 49, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking ``President of Amtrak''
and inserting ``Chief Executive Officer of Amtrak''; and
(ii) by striking subparagraph (C) and inserting the
following:
``(C) 8 individuals appointed by the President of the
United States, by and with the advice and consent of the
Senate, with a record of support for national intercity
passenger rail service. Of the individuals appointed--
``(i) 1 shall be a Mayor or Governor of a location served
by a regularly scheduled Amtrak service on the Northeast
Corridor;
``(ii) 1 shall be a Mayor or Governor of a location served
by a regularly scheduled Amtrak service that is not on the
Northeast Corridor;
``(iii) 1 shall be a representative of Amtrak employees;
``(iv) 1 shall be an individual with a history of regular
Amtrak ridership and an understanding of the concerns of
intercity rail passengers;
``(v) 1 shall be an individual with--
``(I) demonstrated experience or demonstrated interest in
the Northeast Corridor and the National Network; and
``(II) industry experience or qualifications in
transportation, freight and passenger rail transportation,
travel, or passenger air transportation; and
``(vi) 1 shall be an individual with general business and
financial experience who has demonstrated experience or
demonstrated interest in the Northeast Corridor and the
National Network.'';
(B) in paragraph (2) by inserting ``users of Amtrak,
including the elderly and individuals with disabilities,
and'' after ``and balanced representation of'';
(C) in paragraph (3)--
(i) by striking ``Not more than 5'' and inserting ``Not
more than 4''; and
(ii) by adding at the end the following: ``A member of the
Board appointed under clause (i) or (ii) of paragraph (1)(C)
shall serve for a term of 5 years or until such member leaves
the elected office such member occupied at the time such
member was appointed, whichever is first.'';
(D) in paragraph (4) by striking ``President'' and
inserting ``Chief Executive Officer''; and
(E) by striking paragraph (5) and inserting the following:
``(5) The Secretary and any Governor of a State may be
represented at a Board meeting by a designee.'';
(2) in subsection (b)--
(A) by striking ``Pay and Expenses'' and inserting
``Duties, Pay, and Expenses''; and
(B) by inserting ``Each director must consider the well-
being of current and future Amtrak passengers, the public
interest in sustainable national passenger rail service, and
balance the preceding considerations with the fiduciary
responsibilities of the director and the mission and goals of
Amtrak.'' before ``Each director not employed by the United
States Government or Amtrak''; and
(3) by adding at the end the following:
``(g) Governor Defined.--In this section, the term
`Governor' means the Governor of a State or the Mayor of the
District of Columbia and includes a designee of the
Governor.''.
(b) Timing of New Board Requirements.--The appointment and
membership requirements under section 24302 of title 49,
United States Code (as amended by this Act), shall apply to
any member of the Board appointed pursuant to subsection
(a)(1)(C) of such section who is appointed on or after the
date of enactment of this Act.
SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT.
(a) In General.--Section 24308(c) of title 49, United
States Code, is amended by adding at the end the following:
``Notwithstanding section 24103(a) and section 24308(f),
Amtrak shall have the right to bring an action for equitable
or other relief in the United States District Court for the
District of Columbia to enforce the preference rights granted
under this subsection.''.
(b) Conforming Amendment.--Section 24103 of title 49,
United States Code, is amended by inserting ``and section
24308(c)'' before ``, only the Attorney General''.
SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES TO
AMTRAK.
Section 24308(e) of title 49, United States Code, is
amended--
(1) by striking paragraph (1) and inserting the
following:(1)(A) When a rail carrier does not agree to allow
Amtrak to operate additional trains in accordance with
proposed schedules over any rail line of the carrier on which
Amtrak is operating or seeks to operate, Amtrak may submit an
application to the Board for an order requiring the carrier
to allow for the operation of the requested trains. Not later
than 90 days after receipt of such application, the Board
shall determine whether the additional trains would
unreasonably impair freight transportation and--
``(i) upon a determination that such trains do not
unreasonably impair freight transportation, order the rail
carrier to allow for the operation of such trains on a
schedule established by the Board; or
``(ii) upon a determination that such trains do
unreasonably impair freight transportation, initiate a
proceeding to determine any additional infrastructure
investments required by, or on behalf of, Amtrak.
``(B) If Amtrak seeks to resume operation of a train that
Amtrak operated during the 5-year period preceding an
application described in subparagraph (A), the Board shall
apply a presumption that the resumed operation of such train
will not unreasonably impair freight transportation unless
the Board finds that there are substantially changed
circumstances.'';
(2) in paragraph (2)--
(A) by striking ``The Board shall consider'' and inserting
``The Board shall'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) in making the determination under paragraph (1), take
into account any infrastructure investments previously made
by, or on behalf of, Amtrak, or proposed in Amtrak's
application, with the rail carrier having the burden of
demonstrating that the additional trains will unreasonably
impair the freight transportation; and''; and
(C) in subparagraph (B) by inserting ``consider investments
described in subparagraph (A) and'' after ``times,''; and
(3) by adding at the end the following:
``(4) In a proceeding initiated by the Board under
paragraph (1)(A)(ii), the Board shall solicit the views of
the parties and require the parties to provide any necessary
data or information. Not later than 180 days after the date
on which the Board makes a determination under paragraph
(1)(A)(ii), the Board shall issue an order requiring the rail
carrier to allow for the operation of the requested trains
provided that any conditions enumerated by the Board are met.
In determining the necessary level of additional
infrastructure or other investments needed to mitigate
unreasonable impairment of freight transportation, the Board
shall use any criteria, assumptions, and processes it
considers appropriate.
``(5) The provisions of this subsection shall be in
addition to any other statutory or contractual remedies
Amtrak may have with respect to operating the additional
trains.''.
SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION.
(a) In General.--Section 28103 of title 49, United States
Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Prohibition on Choice-of-Forum Clause.--
``(1) In general.--Amtrak may not impose a choice-of-forum
clause that attempts to preclude a passenger, or a person who
purchases a ticket for rail transportation on behalf of a
passenger, from bringing a claim against Amtrak in any court
of competent jurisdiction, including a court within the
jurisdiction of the residence of such passenger in the United
States (provided that Amtrak does business within that
jurisdiction).
``(2) Court of competent jurisdiction.--Under this
subsection, a court of competent jurisdiction may not include
an arbitration forum.''.
(b) Effective Date.--This section, and the amendments made
by this section, shall apply to any claim that arises on or
after the date of enactment of this Act.
SEC. 9207. AMTRAK ADA ASSESSMENT.
(a) Assessment.--Amtrak shall conduct an assessment and
review of all Amtrak policies, procedures, protocols, and
guidelines for compliance with the requirements of the
Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).
(b) Report.--Not later than 180 days after the date of
enactment of this Act, Amtrak 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 the results of the
assessment conducted under subsection (a).
(c) Contents.--The report required under subsection (b)
shall include--
(1) a summary of the policies, procedures, protocols, and
guidelines reviewed;
(2) any necessary changes to such policies, procedures,
protocols, and guidelines to ensure compliance with the
Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), including full compliance under such Act for stations
and facilities for which Amtrak has responsibility under such
Act and consideration of the needs of individuals with
disabilities when procuring rolling stock and setting ticket
fares; and
(3) an implementation plan and timeline for making any such
necessary changes.
(d) Engagement.--Amtrak shall engage with a range of
advocates for individuals with disabilities during the
assessment conducted under subsection (a), and develop an
ongoing and standardized process for engagement with
advocates for individuals with disabilities.
(e) Periodic Evaluation.--At least once every 2 years,
Amtrak shall review and update, as necessary, Amtrak
policies, procedures, protocols, and guidelines to ensure
compliance with the Americans With Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS.
(a) In General.--Chapter 243 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 24323. Prohibition on smoking on Amtrak trains
``(a) Prohibition.--Beginning on the date of enactment of
the TRAIN Act, Amtrak shall prohibit smoking on board Amtrak
trains.
``(b) Electronic Cigarettes.--
``(1) Inclusion.--The use of an electronic cigarette shall
be treated as smoking for purposes of this section.
``(2) Electronic cigarette defined.--In this section, the
term `electronic cigarette' means a device that delivers
nicotine or other substances to a user of the device in the
form of a vapor that is inhaled to simulate the experience of
smoking.''.
(b) Conforming Amendment.--The analysis for chapter 243 of
title 49, United States Code, is amended by adding at the end
the following:
[[Page H3473]]
``24323. Prohibition on smoking on Amtrak trains.''.
SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AMTRAK.
Section 24712 of title 49, United States Code, is amended
to read as follows:
``Sec. 24712. State-supported routes operated by Amtrak
``(a) State-Supported Route Committee.--
``(1) Establishment.--There is established a State-
Supported Route Committee (referred to in this section as the
`Committee') to promote mutual cooperation and planning
pertaining to the current and future rail operations of
Amtrak and related activities of trains operated by Amtrak on
State-supported routes and to further implement section 209
of the Passenger Rail Investment and Improvement Act of 2008
(49 U.S.C. 24101 note).
``(2) Membership.--
``(A) In general.--The Committee shall consist of--
``(i) members representing Amtrak;
``(ii) members representing the Department of
Transportation, including the Federal Railroad
Administration; and
``(iii) members representing States.
``(B) Non-voting members.--The Committee may invite and
accept other non-voting members to participate in Committee
activities, as appropriate.
``(3) Decisionmaking.--The Committee shall establish a bloc
voting system under which, at a minimum--
``(A) there are 3 separate voting blocs to represent the
Committee's voting members, including--
``(i) 1 voting bloc to represent the members described in
paragraph (2)(A)(i);
``(ii) 1 voting bloc to represent the members described in
paragraph (2)(A)(ii); and
``(iii) 1 voting bloc to represent the members described in
paragraph (2)(A)(iii);
``(B) each voting bloc has 1 vote;
``(C) the votes of the voting bloc representing the members
described in paragraph (2)(A)(iii) requires the support of at
least two-thirds of that voting bloc's members; and
``(D) the Committee makes decisions by unanimous consent of
the 3 voting blocs.
``(4) Ability to conduct certain business.--If all members
of a voting bloc described in paragraph (3) abstain from a
Committee decision, agreement between the other voting blocs
consistent with the procedures set forth in paragraph (3)
shall be deemed unanimous consent.
``(5) Meetings; rules and procedures.--The Committee shall
define and periodically update the rules and procedures
governing the Committee's proceedings. The rules and
procedures shall--
``(A) incorporate and further describe the decisionmaking
procedures to be used in accordance with paragraph (3); and
``(B) be adopted in accordance with such decisionmaking
procedures.
``(6) Committee decisions.--Decisions made by the Committee
in accordance with the Committee's rules and procedures, once
established, are binding on all Committee members.
``(7) Cost methodology policy.--
``(A) In general.--Subject to subparagraph (B), the
Committee may amend the cost methodology policy required and
previously approved under section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 24101
note).
``(B) Revisions to cost methodology policy.--
``(i) Requirement to revise and update.--Subject to the
requirements of clause (iii), the Committee shall, not later
than March 31, 2022, update the cost methodology policy
required and previously approved under section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note). Such update shall be consistent with the
principles for revision of the Committee pursuant to such
section and consistent with any subsequent changes to such
principles approved by the Committee. The Committee shall
implement the updated policy beginning in fiscal year 2023
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 a report documenting and explaining any changes to the
policy and plans for implementation not later than 30 days
after the adoption of the updated policy.
``(ii) Implementation impacts on federal funding.--To the
extent that a policy implemented pursuant to clause (i)
assigns to Amtrak costs that were previously allocated to
States, Amtrak shall request such costs in the general and
legislative annual report required by section 24315 or in any
appropriate subsequent Federal funding request for the fiscal
year in which the revised policy is implemented.
``(iii) Procedures for changing methodology.--The rules and
procedures implemented under paragraph (5) shall include
procedures for changing the cost methodology policy under
this subparagraph, notwithstanding section 209(b) of the
Passenger Rail Investment and Improvement Act (49 U.S.C. 22
24101 note), and procedures or broad guidelines for
conducting financial planning, including operating and
capital forecasting, reporting, and data sharing and
governance.
``(C) Requirements.--The cost methodology policy shall--
``(i) ensure equal treatment in the provision of like
services of all States and groups of States;
``(ii) assign to each route the costs incurred only for the
benefit of that route and a proportionate share, based upon
factors that reasonably reflect relative use, of costs
incurred for the common benefit of more than 1 route; and
``(iii) promote increased efficiency in Amtrak's operating
and capital activities.
``(b) Invoices and Reports.--
``(1) Monthly invoice.--Amtrak shall provide to each State
that sponsors a State-supported route a monthly invoice of
the cost of operating such route, including fixed costs and
third-party costs.
``(2) Planning and demand reports.--A State shall provide
to the Committee and Amtrak planning and demand reports with
respect to a planned or existing State-supported route.
``(3) Financial and performance reports.--The Committee
shall require Amtrak to provide to the States and the
Committee financial and performance reports at a frequency,
and containing such information, as determined appropriate by
the Committee.
``(c) Dispute Resolution.--
``(1) Request for dispute resolution.--If a dispute arises
with respect to the rules and procedures implemented under
subsection (a)(5), an invoice or a report provided under
subsection (b), implementation or compliance with the cost
methodology policy developed under section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note) or amended under subsection (a)(7) of this
section, either Amtrak or the State may request that the
Surface Transportation Board conduct dispute resolution under
this subsection.
``(2) Procedures.--The Surface Transportation Board shall
establish procedures for resolution of disputes brought
before it under this subsection, which may include provision
of professional mediation services.
``(3) Binding effect.--A decision of the Surface
Transportation Board under this subsection shall be binding
on the parties to the dispute.
``(4) Obligation.--Nothing in this subsection shall affect
the obligation of a State to pay an amount related to a
State-supported route that a State sponsors that is not in
dispute.
``(d) Assistance.--
``(1) In general.--The Secretary may provide assistance to
the parties in the course of negotiations for a contract for
operation of a State-supported route.
``(2) Financial assistance.--From among available funds,
the Secretary shall provide--
``(A) financial assistance to Amtrak or 1 or more States to
perform requested independent technical analysis of issues
before the Committee; and
``(B) administrative expenses that the Secretary determines
necessary.
``(e) Performance Metrics.--In negotiating a contract for
operation of a State-supported route, Amtrak and the State or
States that sponsor the route shall consider including
provisions that provide penalties and incentives for
performance, including incentives to--
``(1) increase revenue;
``(2) reduce costs;
``(3) finalize contracts by the beginning of the Federal
fiscal year; and
``(4) require States to promptly make payments for services
delivered.
``(f) Statement of Goals and Objectives.--
``(1) In general.--The Committee shall develop and annually
review and update, as necessary, a statement of goals,
objectives, and associated recommendations concerning the
future of State-supported routes operated by Amtrak. The
statement shall identify the roles and responsibilities of
Committee members and any other relevant entities, such as
host railroads, in meeting the identified goals and
objectives, or carrying out the recommendations. The
statement shall include a list of capital projects, including
infrastructure, fleet, station, and facility initiatives,
needed to support the growth of State-supported routes. The
Committee may consult with such relevant entities, as the
Committee considers appropriate, when developing the
statement.
``(2) Transmission of statement of goals and objectives.--
Not later than March 31 of each year, the Committee 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 the most recent annual update to the
statement developed under paragraph (1).
``(g) New or Expanded State-supported Routes.--
``(1) Coordination and consultation.--In developing a new
State-supported route or expanding an existing State-
supported route, Amtrak shall closely coordinate with all
States in which such route operates, and shall consult with
the following:
``(A) The local municipalities in which the proposed route
operates.
``(B) Commuter authorities and regional transportation
authorities (as such terms are defined in section 24102) in
the areas proposed to be served by such route.
``(C) The owner of any rail infrastructure over which the
proposed route operates.
``(D) Administrator of the Federal Railroad Administration.
``(E) Other stakeholders, as appropriate.
``(2) State commitments.--Notwithstanding any other
provision of law, before beginning construction necessary
for, or beginning operation of, a State-supported route that
is initiated or expanded on or after the date of enactment of
the TRAIN Act, Amtrak shall enter into an agreement with the
State in which the proposed route operates for sharing
ongoing operating costs and capital costs in accordance
with--
``(A) the cost methodology policy described under
subsection (a)(7); or
``(B) the alternative cost methodology schedule described
in paragraph (3).
``(3) Alternative cost methodology.--Under the cost
methodology schedule described in this paragraph, with
respect to costs not covered by revenues for the operation of
a State-supported route, Amtrak shall pay--
``(A) the share Amtrak otherwise would have paid under the
cost methodology under subsection (a); and
[[Page H3474]]
``(B) a percentage of the share that the State otherwise
would have paid under the cost methodology policy under
subsection (a) according to the following:
``(i) Amtrak shall pay up to 100 percent of the capital
costs and planning costs necessary to initiate a new State-
supported route or expand an existing State-supported route,
including planning and development, design, and environmental
analysis costs, prior to beginning operations on the new
route.
``(ii) For the first 2 years of operation, Amtrak shall pay
for 100 percent of operating costs and capital costs.
``(iii) For the third year of operation, Amtrak shall pay
90 percent of operating costs and capital costs and the State
shall pay the remainder.
``(iv) For the fourth year of operation, Amtrak shall pay
80 percent of operating costs and capital costs and the State
shall pay the remainder
``(v) For the fifth year of operation, Amtrak shall pay 50
percent of operating costs and capital costs and the State
shall pay the remainder.
``(vi) For the sixth year of operation and thereafter,
operating costs and capital costs shall be allocated in
accordance with the cost methodology policy described under
subsection (a) as applicable.
``(4) Definitions.--In this subsection, the terms `capital
cost' and `operating cost' shall apply in the same manner as
such terms apply under the cost methodology policy developed
under subsection (a).
``(h) Cost Methodology Update and Implementation Report.--
Not later than 18 months after an updated cost methodology
policy required under subsection (a)(7)(B) is implemented,
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 report assessing the implementation of the updated
policy.
``(i) Identification of State-supported Route Changes.--
Amtrak shall provide an update in the general and legislative
annual report required by 24315(b) of planned or proposed
changes to State-supported routes, including the introduction
of new State-supported routes. In identifying routes to be
considered planned or proposed under this subsection, Amtrak
shall--
``(1) identify the timeframe in which such changes could
take effect and whether Amtrak has entered into a commitment
with a State under subsection (g)(2); and
``(2) consult with the Committee and any additional States
in which a planned or proposed route may operate, not less
than 120 days before an annual grant request is transmitted
to the Secretary.
``(j) Rule of Construction.--The decisions of the
Committee--
``(1) shall pertain to the rail operations of Amtrak and
related activities of trains operated by Amtrak on State-
sponsored routes; and
``(2) shall not pertain to the rail operations or related
activities of services operated by other rail carriers on
State-supported routes.
``(k) Definition of State.--In this section, the term
`State' means any of the 50 States, including the District of
Columbia, that sponsor or propose to sponsor the operation of
trains by Amtrak on a State-supported route, or a public
entity that sponsors or proposes to sponsor such operation on
such a route.''.
SEC. 9210. AMTRAK POLICE DEPARTMENT.
(a) Department Mission.--Not later than 180 days after the
date of enactment of this Act, Amtrak shall identify the
mission of the Amtrak Police Department (in this section
referred to as the ``Department''), including the scope of
the role and priorities of the Department, in mitigating
risks to and ensuring the safety and security of Amtrak
passengers, employees, trains, stations, facilities, and
other infrastructure. In identifying such mission, Amtrak
shall consider--
(1) the unique needs of maintaining the safety and security
of Amtrak's network; and
(2) comparable passenger rail systems and the mission of
the police departments of such rail systems.
(b) Workforce Planning Process.--Not later than 120 days
after identifying the mission of the Department under
subsection (a), Amtrak shall develop a workforce planning
process that--
(1) ensures adequate employment levels and allocation of
sworn and civilian personnel, including patrol officers,
necessary for fulfilling the Department's mission; and
(2) sets performance goals and metrics for the Department
that align with the mission of the Department and monitors
and evaluates the Department's progress toward such goals and
metrics.
(c) Considerations.--In developing the workforce planning
process under subsection (b), Amtrak shall--
(1) identify critical positions, skills, and competencies
necessary for fulfilling the Department's mission;
(2) analyze employment levels and ensure that--
(A) an adequate number of civilian and sworn personnel are
allocated across the Department's 6 geographic divisions,
including patrol officers, detectives, canine units, special
operations unit, strategic operations, intelligence,
corporate security, the Office of Professional
Responsibilities, and the Office of Chief of Polices; and
(B) patrol officers have an adequate presence on trains and
route segments, and in stations, facilities, and other
infrastructure;
(3) analyze workforce gaps and develop strategies to
address any such gaps;
(4) consider risks, including those identified by Amtrak's
triannual risk assessments;
(5) consider variables, including ridership levels, miles
of right-of-way, crime data, call frequencies, interactions
with vulnerable populations, and workload, that comparable
passenger rail systems with similar police departments
consider in the development of the workforce plans of such
systems; and
(6) consider collaboration or coordination with local,
State, Tribal, and Federal agencies, and public
transportation agencies to support the safety and security of
the Amtrak network.
(d) Consultation.--In carrying out this section, Amtrak
shall consult with the Amtrak Police Labor Committee, public
safety experts, foreign or domestic entities providing
passenger rail service comparable to Amtrak, and any other
relevant entities, as determined by Amtrak.
(e) Reports.--
(1) Report on mission of department.--Not later than 10
days after Amtrak identifies the mission of the Department
under subsection (a), Amtrak 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 containing a
description of the mission of the Department and the reasons
for the content of such mission.
(2) Report on workforce planning process.--Not later than
10 days after Amtrak completes the workforce planning process
under subsection (b), Amtrak 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 containing the
workforce planning process, the underlying data used to
develop such process, and how such process will achieve the
Department's mission.
SEC. 9211. AMTRAK FOOD AND BEVERAGE.
(a) Amtrak Food and Beverage.--Section 24321 of title 49,
United States Code, is amended to read as follows:
``Sec. 24321. Amtrak food and beverage
``(a) Ensuring Access to Food and Beverage Services.--On
all long-distance routes, Amtrak shall ensure that all
passengers who travel overnight on such route shall have
access to purchasing the food and beverages that are provided
to sleeping car passengers on such route.
``(b) Food and Beverage Workforce.--
``(1) Workforce requirement.--Amtrak shall ensure that any
individual onboard a train who prepares or provides food and
beverages is an Amtrak employee.
``(2) Savings clause.--No Amtrak employee holding a
position as of the date of enactment of the TRAIN Act may be
involuntarily separated because of any action taken by Amtrak
to implement this section, including any employees who are
furloughed as a result of the COVID-19 pandemic.
``(c) Savings Clause.--Amtrak shall ensure that no Amtrak
employee holding a position as of the date of enactment of
the Passenger Rail Reform and Investment Act of 2015 is
involuntarily separated because of the development and
implementation of the plan required by the amendments made by
section 11207 of such Act.''.
(b) Technical and Conforming Amendments.--
(1) Analysis.--The item relating to section 24321 in the
analysis for chapter 243 of title 49, United States Code, is
amended to read as follows:
``24321. Amtrak food and beverage.''.
(2) Amtrak authority.--Section 24305(c)(4) of title 49,
United States Code, is amended by striking ``only if revenues
from the services each year at least equal the cost of
providing the services''.
(3) Contracting out.--Section 121(c) of the Amtrak Reform
and Accountability Act of 1997 (49 U.S.C. 24312 note; 111
Stat. 2574) is amended by striking ``, other than work
related to food and beverage service,''.
(c) Amtrak Food and Beverage Working Group.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, Amtrak shall establish a working
group (in this subsection referred to as the ``Working
Group'') to provide recommendations on Amtrak onboard food
and beverage services.
(2) Membership.--The Working Group shall consist of--
(A) an equal number of individuals representing--
(i) Amtrak;
(ii) the labor organizations representing Amtrak employees
who prepare or provide onboard food and beverage services;
(iii) the State-Supported Route Committee established by
section 24712; and
(iv) nonprofit organizations representing Amtrak
passengers; and
(B) an individual with culinary or hospitality expertise
agreed to by the members under clauses (i) through (iv) of
subparagraph (A).
(3) Recommendations.--
(A) In general.--The Working Group shall develop
recommendations to increase ridership and improve customer
satisfaction by--
(i) promoting collaboration and engagement between Amtrak,
Amtrak passengers, and Amtrak employees preparing or
providing onboard food and beverage services, prior to Amtrak
implementing changes to onboard food and beverage services;
(ii) improving onboard food and beverage services; and
(iii) improving solicitation, reception, and consideration
of passenger feedback regarding onboard food and beverage
services.
(B) Considerations.--In developing the recommendations
under subparagraph (A), the Working Group shall consider--
(i) the healthfulness of onboard food and beverages
offered, including the ability of passengers to address
dietary restrictions;
(ii) the preparation and delivery of onboard food and
beverages;
[[Page H3475]]
(iii) the differing needs of passengers traveling on long-
distance routes, State-supported routes, and the Northeast
Corridor;
(iv) the reinstatement of the dining car service on long-
distance routes;
(v) Amtrak passenger survey data about the food and
beverages offered on Amtrak trains; and
(vi) any other issue the Working Group determines
appropriate.
(4) Reports.--
(A) Initial report.--Not later than 1 year after the date
on which the Working Group is established, the Working Group
shall submit to the Board of Directors of Amtrak, the
Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate a report containing the
recommendations developed under paragraph (3).
(B) Subsequent report.--Not later than 30 days after the
date on which the Working Group submits the report required
under subparagraph (A), Amtrak 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 whether Amtrak
agrees with the recommendations of the Working Group and
describing any plans to implement such recommendations.
(5) Prohibition on food and beverage service changes.--
During the period beginning on the date of enactment of this
Act and ending 30 days after the date on which Amtrak submits
the report required under paragraph (4)(B), Amtrak may not
make large-scale, structural changes to existing onboard food
and beverage services, except that Amtrak shall reverse any
changes to onboard food and beverage service made in response
to the COVID-19 pandemic as Amtrak service is restored.
(6) Termination.--The Working Group shall terminate on the
date on which Amtrak submits the report required under
paragraph (4)(B), except that Amtrak may extend such date by
up to 1 year if Amtrak determines that the Working Group is
beneficial to Amtrak in making decisions related to onboard
food and beverage services. If Amtrak extends such date,
Amtrak shall include notification of the extension in the
report required under paragraph (4)(B).
(7) Nonapplicability of federal advisory committee act.--
The Federal Advisory Committee Act (5 U.S.C. App.) does not
apply to the Working Group established under this section.
(8) Long-distance route; northeast corridor; and state-
supported route defined.--In this subsection, the terms
``long-distance route'', ``Northeast Corridor'', and ``State-
supported route'' have the meaning given those terms in
section 24102 of title 49, United States Code.
SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING OUT.
(a) Furloughed Work.--Section 121 of the Amtrak Reform and
Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat.
2574) is amended by striking subsection (d) and inserting the
following:
``(d) Furloughed Work.--Amtrak may not contract out work
within the scope of work performed by an employee in a
bargaining unit covered by a collective bargaining agreement
entered into between Amtrak and an organization representing
Amtrak employees during the period of time such employee has
been laid off involuntarily if such employee--
``(1) is eligible and qualified under the agreement to
perform such work in accordance with the seniority of such
employee; and
``(2) has not been provided an opportunity to be recalled
to perform such work.
``(e) Agreement Prohibitions on Contracting Out.--This
section does not--
``(1) supersede a prohibition or limitation on contracting
out work covered by an agreement entered into between Amtrak
and an organization representing Amtrak employees; or
``(2) prohibit Amtrak and an organization representing
Amtrak employees from entering into an agreement that allows
for contracting out the work of a furloughed employee that
would otherwise be prohibited under subsection (d).''.
(b) Workforce Plan.--Section 24320(c)(2) of title 49,
United State Code, is amended--
(1) in subparagraph (C)(iii)(III) by striking ``and'' at
the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) a summary of Amtrak's plan to meet the workforce
needs of each asset category, which shall--
``(i) identify any gaps in Amtrak's workforce, including
any vacancy, skill gap, or shortage of qualified personnel;
``(ii) summarize any action Amtrak is taking to address any
such gaps; and
``(iii) summarize any anticipated change to the size of the
Amtrak workforce and any cause for such change; and''.
SEC. 9213. AMTRAK STAFFING.
Section 24312 of title 49, United States Code, is amended
by adding at the end the following:
``(c) Call Center Staffing.--
``(1) Outsourcing.--Amtrak may not renew or enter into a
contract to outsource call center customer service work on
behalf of Amtrak, including through a business process
outsourcing group.
``(2) Training.--Amtrak shall make available appropriate
training programs to any Amtrak call center employee carrying
out customer service activities using telephone or internet
platforms.
``(d) Station Agent Staffing.--
``(1) In general.--Amtrak shall ensure that at least one
Amtrak ticket agent is employed at each station building
where at least one Amtrak ticket agent was employed on or
after October 1, 2017.
``(2) Locations.--Amtrak shall ensure that at least one
Amtrak ticket agent is employed at each station building--
``(A) that Amtrak owns, or operates service through, as
part of a passenger service route; and
``(B) for which the number of passengers boarding or
deboarding an Amtrak long-distance train in the previous
fiscal year exceeds the average of at least 40 passengers per
day over all days in which the station was serviced by
Amtrak, regardless of the number of Amtrak vehicles servicing
the station per day. For fiscal year 2021, ridership from
fiscal year 2019 shall be used to determine qualifying
stations.
``(3) Exception.--This subsection does not apply to any
station building in which a commuter rail ticket agent has
the authority to sell Amtrak tickets.
``(4) Amtrak ticket agent.--For purposes of this section,
the term `Amtrak ticket agent' means an Amtrak employee with
authority to sell Amtrak tickets onsite and assist in the
checking of Amtrak passenger baggage.
``(5) Effective date.--This subsection shall take effect on
the earlier of--
``(A) the date of the expiration of the emergency
declaration issued by the President on March 13, 2020,
pursuant to section 501(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5191(b)); or
``(B) the day after the period that is the first 6
consecutive months within a calendar year for which Amtrak
ridership exceeds the Amtrak ridership for the same 6
consecutive calendar months in 2019.''.
SEC. 9214. SPECIAL TRANSPORTATION.
Section 24307(a) of title 49, United States Code, is
amended--
(1) in the matter preceding paragraph (1) by striking ``for
the following:'' and inserting ``of at least a 10 percent
discount on full-price coach class rail fares for, at a
minimum--'';
(2) in paragraph (1) by striking the period at the end and
inserting a semicolon; and
(3) by striking paragraph (2) and inserting the following:
``(2) individuals of 12 years of age or younger;
``(3) individuals with a disability, as such term is
defined in section 3 of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102);
``(4) members of the Armed Forces on active duty (as those
terms are defined in section 101 of title 10) and their
spouses and dependents with valid identification;
``(5) veterans (as that term is defined in section 101 of
title 38) with valid identification; and
``(6) individuals attending federally accredited
postsecondary education institutions with valid student
identification cards.''.
SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM.
(a) In General.--Chapter 243 of title 49, United States
Code, is further amended by adding at the end the following:
``Sec. 24324. Disaster and emergency relief program
``(a) In General.--The Secretary of Transportation may make
grants to Amtrak for--
``(1) capital projects to repair, reconstruct, or replace
equipment, infrastructure, stations, and other facilities
that the Secretary determines are in danger of suffering
serious damage, or have suffered serious damage, as a result
of an emergency event;
``(2) offset revenue lost as a result of such an event; and
``(3) support continued operations following emergency
events.
``(b) Coordination of Emergency Funds.--Funds made
available to carry out this section shall be in addition to
any other funds available and shall not affect the ability of
Amtrak to use any other funds otherwise authorized by law.
``(c) Grant Conditions.--Grants made under this subsection
(a) shall be subject to section 22905(c)(2)(A) and other such
terms and conditions as the Secretary determines necessary.
``(d) Definition of Emergency Event.--In this section, the
term `emergency event' has the meaning given such term in
section 20103.''.
(b) Clerical Amendment.--The analysis for chapter 243 of
title 49, United States Code, is further amended by adding at
the end the following:
``24324. Disaster and emergency relief program.''.
SEC. 9216. ACCESS TO RECREATIONAL TRAILS.
Section 24315 of title 49, United States Code, is amended
by adding at the end the following:
``(i) Access to Recreational Trails.--At least 30 days
before implementing a new policy, structure, or operation
that impedes access to recreational trails, Amtrak shall work
with potentially affected communities, making a good-faith
effort to address local concerns about such access. Not later
than February 15 of each year, Amtrak 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 on any such engagement in
the preceding calendar year, and any changes to policies,
structures, or operations affecting access to recreational
trails that were considered or made as a result. The report
shall include Amtrak's plans to mitigate the impact to such
access.''.
SEC. 9217. AMTRAK CYBERSECURITY ENHANCEMENT AND RESILIENCY
GRANT PROGRAM.
(a) In General.--Chapter 243 of title 49, United States
Code, is further amended by adding at the end the following:
``Sec. 24325. Amtrak cybersecurity enhancement and resiliency
grant program
``(a) In General.--The Secretary of Transportation shall
make grants to Amtrak for improvements in information
technology systems, including cyber resiliency improvements
for Amtrak information technology assets.
[[Page H3476]]
``(b) Application of Best Practices.--Any cyber resiliency
improvements carried out with a grant under this section
shall be consistent with cybersecurity industry best
practices and publications issued by the National Institute
of Standards and Technology.
``(c) Coordination of Cybersecurity Funds.--Funds made
available to carry out this section shall be in addition to
any other Federal funds and shall not affect the ability of
Amtrak to use any other funds otherwise authorized by law for
purposes of enhancing the cybersecurity architecture of
Amtrak.
``(d) Grant Conditions.--In carrying out this section--
``(1) to the extent practicable, the Secretary shall
provide grants consistent with the process established under
section 24319;
``(2) the Secretary shall ensure that a grant made
available under this section shall be administered and
disbursed as part of Amtrak's annual grant agreement as
authorized by section 24319(d)(1)(B); and
``(3) a grant made under this section shall be subject to
such terms and conditions as the Secretary determines
necessary.''.
(b) Clerical Amendment.--The analysis for chapter 243 of
title 49, United States Code, is further amended by adding at
the end the following:
``24325. Amtrak cybersecurity enhancement and resiliency grant
program.''.
SEC. 9218. AMTRAK AND PRIVATE CARS.
(a) Sense of Congress.--It is the sense of Congress that
private cars and charter trains can--
(1) improve Amtrak's financial performance, particularly on
the long-distance routes;
(2) have promotional value for Amtrak that results in
future travel on Amtrak trains by passengers made aware of
Amtrak as a result;
(3) support private-sector jobs, including for mechanical
work and on-board services; and
(4) provide good-will benefits to Amtrak.
(b) Policy Review.--Amtrak shall review the policy changes
since January 1, 2018, that have caused significant changes
to the relationship between Amtrak and private car owners and
charter train services and evaluate opportunities to
strengthen these services, including by reinstating some
access points and restoring flexibility to charter-train
policies. For charter trains, private cars, and package
express carried on regular Amtrak trains, consistent with
sound business practice, Amtrak should recover direct costs
plus a reasonable profit margin.
SEC. 9219. AMTRAK OFFICE OF COMMUNITY OUTREACH.
(a) In General.--Chapter 243 of title 49, United States
Code, is further amended by adding at the end the following
new section:
``Sec. 24326. Amtrak Office of Community Outreach
``(a) In General.--Not later than 180 days after the date
of enactment of the TRAIN Act, Amtrak shall establish an
Office of Community Outreach to engage with communities
impacted by Amtrak operations.
``(b) Responsibilities.--The Office of Community Outreach
shall be responsible for--
``(1) outreach and engagement with--
``(A) local officials before capital improvement project
plans are finalized; and
``(B) local stakeholders and relevant organizations on
projects of community significance;
``(2) clear explanation and publication of how community
members can communicate with Amtrak;
``(3) the use of virtual public involvement, social media,
and other web-based tools to encourage public participation
and solicit public feedback; and
``(4) making publicly available on the website of Amtrak,
planning documents for proposed and implemented capital
improvement projects.
``(c) Report to Congress.--Not later than 1 year after the
establishment of the Office of Community Outreach, and
annually thereafter, Amtrak shall submit to the Committee on
Transportation and Infrastructure in the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that--
``(1) describes the community outreach efforts undertaken
by the Amtrak Office of Community Outreach for the previous
year; and
``(2) identifies changes Amtrak made to capital improvement
project plans after engagement with affected communities.''.
(b) Clerical Amendment.--The analysis for chapter 243 of
title 49, United States Code, is further amended by adding at
the end the following:
``24326. Amtrak Office of Community Outreach.''.
SEC. 9220. LONG-DISTANCE CUSTOMER ENHANCEMENT PROGRAM.
(a) Authorization.--Amtrak shall expend not less than 2.5
percent of the amounts appropriated in each fiscal year
pursuant to section 9101(a)(2) to enhance the customer
experience on Amtrak long-distance routes.
(b) Eligibility.--Projects and initiatives to serve the
following purposes, including planning and development, are
eligible to be implemented by Amtrak under this section:
(1) Rolling stock interior refreshes and redesigns.
(2) Food and beverage service improvements consistent with
section 24321 of title 49, United States Code.
(3) Wi-Fi service expansion and improvement.
(4) Enhanced customer experience at stations.
(5) Other customer enhancement initiatives developed by
Amtrak, including initiatives developed in accordance with
subsection (c).
(c) Consultation.--Not later than 90 days after the date of
enactment of this Act, and subsequently on a periodic basis,
Amtrak shall consult with appropriate States, local
governments, labor organizations representing railroad
employees, and national associations that represent rail
passengers on ways to enhance the customer experience on
long-distance routes.
(d) Use of Funds for Other Purposes.--Amtrak may use funds
provided under this section for purposes related to long-
distance route service other than those listed in subsection
(b) if--
(1) Amtrak determines the use of funds is necessary to--
(A) improve the safety of long-distance route operations;
or
(B) maintain continued operation or service levels of any
such route; and
(2) not later than 10 days of the repurposing of such
funds, Amtrak submits to the Secretary, the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives, and the
Committee on Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate, a report that
includes--
(A) the amount of funds repurposed for a use described in
this subsection, and
(B) the reason for the repurposing of such funds.
(e) Long-distance Route Defined.--In this section, the term
``long-distance route'' has the meaning given the term in
section 24102 of title 49, United States Code.
SEC. 9221. AMTRAK CARBON-FREE AND RENEWABLE ENERGY
INITIATIVES.
(a) In General.--Chapter 243 of title 49, United States
Code, is further amended by adding at the end the following
new section:
``Sec. 24327. Amtrak carbon-free and renewable energy
initiatives
``(a) Emissions Reduction and Energy Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of the TRAIN Act, Amtrak shall--
``(A) develop a greenhouse gas emissions reduction and
energy plan that sets forth a goal of, a strategy for
achieving, and potential timelines and funding requirements
for--
``(i) becoming a net-zero carbon emissions transportation
provider; and
``(ii) achieving net-zero carbon emissions with respect to
Amtrak operations within the Northeast Corridor;
``(B) submit the plan to the Secretary of Transportation,
the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate; and
``(C) publish the plan on Amtrak's website.
``(2) Additional requirements.--The plan developed under
paragraph (1) shall contain--
``(A) at least 1 option for becoming a net-zero carbon
emissions transportation provider not later than January 1,
2035; and
``(B) at least 1 option for achieving net-zero carbon
emissions with respect to Amtrak operations within the
Northeast Corridor not later than January 1, 2030.
``(3) Annual progress reports.--
``(A) In general.--After submission and publication of the
plan developed under paragraph (1), Amtrak shall include in
each general and legislative annual report required under
section 24315(b), an update on Amtrak's progress towards--
``(i) becoming a net-zero carbon emissions transportation
provider; and
``(ii) achieving net-zero carbon emissions with respect to
Amtrak operations within the Northeast Corridor.
``(B) Legislative recommendations.--The update required
under subparagraph (A) may include recommendations for
legislative changes or changes to funding levels likely to
increase the rate of Amtrak's progress.
``(b) Carbon-free and Renewable Energy Use.--
``(1) Energy source requirement.--Not later than 180 days
after the date of enactment of the TRAIN Act, Amtrak shall
ensure that any new or renewed contract between Amtrak and a
provider of electricity that is used to meet the needs of
train traction power or rail facility power requires that an
amount equal to or greater that 25 percent of such
electricity is derived from carbon-free or renewable energy
sources.
``(2) Increased energy source goals.--Amtrak shall
establish goals for increasing the energy source requirements
described in paragraph (1), including a goal of requiring--
``(A) at least 50 percent of electricity derived from such
sources for new or renewed contracts entered into beginning 5
years after the date of enactment of the TRAIN Act; and
``(B) 100 percent of electricity derived from such sources
for new or renewed contracts entered into on or after January
1, 2030.
``(3) Exceptions.--The requirements of paragraph (1) shall
not apply in any case in which--
``(A) no provider of electricity is able to provide the
necessary levels of carbon-free or renewable energy;
``(B) compliance with such requirements would adversely
affect Amtrak's operations or quality of service to an
unreasonable degree; or
``(C) compliance with such requirements would cause an
increase of at least 50 percent in total cost of electricity,
as compared to the total cost of electricity Amtrak would
otherwise have acquired.
``(4) Report.--Not later than 1 year after the date of
enactment of the TRAIN Act, Amtrak 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 identifies
opportunities to further increase Amtrak's use of carbon-free
and renewable energy for train traction power needs and
facility power needs.''.
(b) Clerical Amendment.--The analysis for chapter 243 of
title 49, United States Code, is further amended by adding at
the end the following:
[[Page H3477]]
``24327. Amtrak carbon-free and renewable energy initiatives.''.
TITLE III--INTERCITY PASSENGER RAIL POLICY
SEC. 9301. NORTHEAST CORRIDOR COMMISSION.
Section 24905 of title 49, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A) by striking ``members'' and
inserting ``4 members'';
(B) in subparagraph (B) by striking ``members'' and
inserting ``5 members''; and
(C) in subparagraph (D) by striking ``and commuter railroad
carriers using the Northeast Corridor selected by the
Secretary'' and inserting ``railroad carriers and commuter
authorities using the Northeast Corridor, as determined by
the Commission'';
(2) by striking paragraph (2) of subsection (a) and
inserting the following:
``(2) At least two of the members described in paragraph
(1)(B) shall be career appointees, as such term is defined in
section 3132(a) of title 5.'';
(3) in subsection (b)(3)(B)--
(A) in clause (i) by inserting ``, including ridership
trends,'' before ``along the Northeast Corridor'';
(B) in clause (ii) by striking ``capital investment plan
described in section 24904.'' and inserting ``first year of
the capital investment plan described in section 24904;
and''; and
(C) by adding at the end the following:
``(iii) progress in assessing and eliminating the state-of-
good-repair backlog.'';
(4) in subsection (c)--
(A) by striking ``(1) Development'' and all that follows
through ``standardized policy'' and inserting the following:
``(1) Policy.--The Commission shall--
``(A) maintain and update, as appropriate, the `Northeast
Corridor Commuter and Intercity Rail Cost Allocation Policy'
approved on September 17, 2015,'';
(B) in paragraph (1)--
(i) in subparagraph (B) by striking ``a proposed timetable
for implementing'' and inserting ``timetables for
implementing and maintaining'';
(ii) in subparagraph (C) by striking ``the policy and the
timetable'' and inserting ``updates to the policy and the
timetables''; and
(iii) by striking subparagraph (D) and inserting the
following:
``(D) support the efforts of the members of the Commission
to implement the policy in accordance with such timetables;
and'';
(C) in paragraph (2)--
(i) by striking the first sentence and inserting ``In
accordance with the timetable developed in paragraph (1),
Amtrak and commuter authorities on the Northeast Corridor
shall implement the policy developed under paragraph (1) in
agreements for usage of facilities or services.'';
(ii) by striking ``fail to implement such new agreements''
and inserting ``fail to implement the policy''; and
(iii) by striking ``paragraph (1)(A), as applicable'' and
inserting ``paragraph (1)''; and
(D) in paragraph (4) by striking ``public authorities
providing commuter rail passenger transportation'' and
inserting ``commuter authorities'';
(5) by striking subsection (d);
(6) by redesignating subsection (e) as subsection (d); and
(7) in paragraph (1)(D) of subsection (d) (as redesignated
by paragraph (6)) by striking ``commuter rail agencies'' and
inserting ``commuter authorities''.
SEC. 9302. NORTHEAST CORRIDOR PLANNING.
(a) In General.--Section 24904 of title 49, United States
Code, is amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by striking subsection (c);
(3) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively;
(4) by inserting before subsection (b), as so redesignated,
the following:
``(a) Service Development Plan.--
``(1) Requirement.--Not later than December 31, 2021, the
Northeast Corridor Commission established under section 24905
(referred to in this section as the `Commission') shall
submit to Congress a service development plan that identifies
key state-of-good-repair, capacity expansion, and capital
improvement projects planned for the Northeast Corridor, to
upgrade aging infrastructure and improve the reliability,
capacity, connectivity, performance, and resiliency of
passenger rail service on the Northeast Corridor.
``(2) Contents.--The service development plan required
under paragraph (1) shall--
``(A) provide a coordinated and consensus-based plan
covering a period of 15 years;
``(B) identify service objectives and capital investments
needs;
``(C) provide a delivery-constrained strategy that
identifies capital investment phasing, an evaluation of
workforce needs, and strategies for managing resources and
mitigating construction impacts on operations;
``(D) describe the anticipated outcomes of each project or
program, including an assessment of improved capacity, travel
time, and other benefits and costs of proposed investments;
``(E) include a financial strategy that incorporates
available funding and identifies funding needs and potential
sources of such funding; and
``(F) be updated at least every 5 years.'';
(5) in subsection (b) (as redesignated by paragraph (3))--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A) by striking
``Not later than'' and all that follows through ``shall'' and
inserting ``Not later than November 1 of each year, the
Commission shall'';
(ii) in subparagraph (A) by striking ``a capital investment
plan'' and inserting ``an annual capital investment plan'';
and
(iii) in subparagraph (B) by inserting ``for the Northeast
Corridor'' after ``capital investment plan'';
(B) in paragraph (2)--
(i) in subparagraph (A) by striking ``and network
optimization'';
(ii) in subparagraph (B) by striking ``and service'';
(iii) in subparagraph (C) by striking ``first fiscal year
after the date on which'' and inserting ``fiscal year during
which'';
(iv) in subparagraph (D)--
(I) by striking ``identify, prioritize,'' and all that
follows through ``and consider'' and inserting ``document the
projects and programs being undertaken to achieve the service
outcomes identified in the Northeast Corridor service
development plan, once available, and the asset condition
needs identified in the Northeast Corridor asset management
system described in subsection (e) and consider''; and
(II) in clause (i) by inserting ``overall estimated''
before ``benefits'';
(v) in subparagraph (E)(i) by striking ``normalized capital
replacement and'';
(vi) in subparagraph (F) by adding ``and'' at the end;
(vii) by striking subparagraph (G); and
(viii) by redesignating subparagraph (H) as subparagraph
(G); and
(C) in paragraph (3)--
(i) by striking ``paragraph (2)(H)'' and inserting
``paragraph (2)(G)'';
(ii) in subparagraph (A)--
(I) by inserting ``anticipated'' before ``funding
sources''; and
(II) by inserting ``and, in the absence of an authorization
or appropriation of funds for a fiscal year, be based on the
amount of funding available in the previous fiscal year, plus
inflation'' after ``methods'';
(iii) in subparagraph (B) by striking ``expected allocated
shares of costs'' and inserting ``status of cost sharing
agreements'';
(iv) in subparagraph (C) by striking ``and'' at the end;
(v) by redesignating subparagraph (D) as subparagraph (E);
and
(vi) by inserting after subparagraph (C) the following:
``(D) include any funding needs in excess of amounts
authorized or otherwise available in a fiscal year; and'';
(6) in subsection (c) (as redesignated by paragraph (3)) by
striking ``may be spent only on'' and all that follows
through the end and inserting ``may be spent only on capital
projects and programs contained in the Commission's capital
investment plan from the previous year.''; and
(7) by striking subsection (d) and inserting the following:
``(d) Review and Coordination.--The Commission shall gather
information from Amtrak, the States in which the Northeast
Corridor is located, and commuter rail authorities to support
development of the capital investment plan. The Commission
may specify a format and other criteria for the information
submitted. Submissions to the plan from Amtrak, States in
which the Northeast Corridor are located, and commuter rail
authorities shall be provided to the Commission in a manner
that allows for a reasonable period of review by, and
coordination with, affected agencies.
``(e) Northeast Corridor Asset Management.--With regard to
existing infrastructure, Amtrak and other infrastructure
owners that provide or support intercity rail passenger
transportation on the Northeast Corridor shall develop an
asset management system, and use and update such system as
necessary, to develop submissions to the Northeast Corridor
capital investment plan described in subsection (b). Such
system shall--
``(1) be timed consistent with the Federal Transit
Administration process, as authorized under section 5326,
when implemented; and
``(2) include, at a minimum--
``(A) an inventory of all capital assets owned by the
developer of the plan;
``(B) an assessment of asset condition;
``(C) a description of the resources and processes
necessary to bring or maintain those assets in a state of
good repair; and
``(D) a description of changes in asset condition since the
previous version of the plan.''.
(b) Conforming Amendments.--
(1) Accounts.--Section 24317(d)(1) of title 49, United
States Code, is amended--
(A) in subparagraph (B) by striking ``24904(a)(2)(E)'' and
inserting ``24904(b)(2)(E)''; and
(B) in subparagraph (F) by striking ``24904(b)'' and
inserting ``24904(c)''.
(2) Federal-state partnership for state of good repair.--
Section 24911(e)(2) of title 49, United States Code, is
amended by striking ``24904(a)'' and inserting ``24904(b)''.
SEC. 9303. PROTECTIVE ARRANGEMENTS.
Section 22905 of title 49, United States Code, is amended--
(1) in subsection (c)(2)(B) by striking ``that are
equivalent to the protective arrangements established under
section 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 836)'' and inserting
``established by the Secretary under subsection (e)(1)'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following:
``(e) Equivalent Employee Protections.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of this subsection, the Administrator of the
Federal Railroad Administration shall establish protective
arrangements equivalent to those established under section
504 of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 836), and require such protective
arrangements to apply to employees described under subsection
(c)(2)(B)
[[Page H3478]]
and as required under subsection (j) of section 22907.
``(2) Publication.--The Administrator shall make available
on a publicly available website the protective arrangements
established under paragraph (1).''.
SEC. 9304. INTERSTATE RAIL COMPACTS.
(a) Identification.--Section 410 of the Amtrak Reform and
Accountability Act of 1997 (Public Law 105-134; 49 U.S.C.
24101 note) is amended--
(1) in subsection (b)(2) by striking ``(except funds made
available for Amtrak)''; and
(2) by adding at the end the following:
``(c) Interstate Rail Compacts Program.--The Secretary of
Transportation shall--
``(1) make available on a publicly accessible website a
list of interstate rail compacts established in accordance
with subsection (a);
``(2) provide information to the public regarding
interstate rail compacts, including how States may establish
interstate rail compacts under subsection (a); and
``(3) annually update the information provided under
paragraph (2).''.
(b) Grants Authorized.--Chapter 229 of title 49, United
States Code, is further amended by adding at the end the
following:
``Sec. 22910. Interstate rail compacts support program
``(a) In General.--The Secretary shall develop and
implement a competitive grant program for providing
administrative assistance, including salaries, benefits,
travel, and other administrative expenses, to eligible
applicants to support interstate and regional efforts--
``(1) to improve the safety, efficiency, or reliability of
intercity passenger rail; and
``(2) to promote and develop intercity passenger rail
service, including through initiating, restoring, or
enhancing intercity passenger rail service.
``(b) Applicant Selection Criteria.--
``(1) In general.--In awarding grants under this section,
the Secretary shall consider--
``(A) the amount of other funding received by an applicant
(including funding from railroads) or other significant
participation by State, local, and regional governmental and
private entities;
``(B) the applicant's work to facilitate and encourage
regional planning for passenger rail improvement,
enhancement, and development;
``(C) the applicant's work to foster, through rail
transportation systems, economic development, particularly in
rural communities, for socially disadvantaged individuals,
and for disadvantaged populations;
``(D) the applicant's efforts to provide guidance to local
communities on public and private resources relate to
community concerns, such as congestion, rail and grade
crossing safety, trespasser prevention, quiet zones, idling,
and rail line relocations;
``(E) whether the applicant seeks to restore service over
routes formerly operated by Amtrak, including routes
described in section 11304(a) of the Passenger Rail Reform
and Investment Act of 2015 (title XI of division A of Public
Law 114-94);
``(F) the applicant's intent to provide intercity passenger
rail service to regions and communities that are underserved
or not served by other intercity public transportation;
``(G) whether the applicant is enhancing connectivity and
geographic coverage of the existing national network of
intercity rail passenger service;
``(H) the applicant's efforts to engage with entities to
deploy railroad safety technology or programs, including
trespassing prevention, rail integrity inspection systems, or
grade crossing safety;
``(I) whether the applicant prepares regional rail and
corridor service development plans and corresponding
environmental analysis; and
``(J) whether the applicant has engaged with the Federal,
local, or State government and transportation planning
agencies to identify projects necessary to enhance multimodal
connections or facilitate service integration between rail
service and other modes, including between intercity rail
passenger transportation and intercity bus service,
commercial air service, or commuter rail service.
``(2) Preference.--In selecting grant recipients, the
Secretary shall give preference to applicants that are
initiating, restoring, or enhancing intercity rail passenger
transportation.
``(c) Application Process.--The Secretary shall prescribe
the form and manner of submitting applications under this
section.
``(d) Performance Measures.--
``(1) In general.--The Secretary shall establish
performance measures for each grant recipient to assess
progress in achieving strategic goals and objectives.
``(2) Annual report.-- The Secretary shall require grant
recipients to submit an annual report of the activities of
such recipient and information related to applicable
performance measures, which may include--
``(A) a demonstration of progress to achieve or advance the
relevant criteria described in subsection (b); and
``(B) the amount of non-Federal matching funds provided
from each member State.
``(e) Federal Share of Total Project Cost.--The Secretary
shall require each recipient of a grant under this subsection
to provide a non-Federal match of not less than 50 percent of
the administrative assistance to the interstate rail compact.
``(f) Applicable Requirements.--The use of any amounts
appropriated for grants under this section shall be subject
to the applicable requirements under this chapter.
``(g) Applicability.--Amounts appropriated to carry out
this section shall remain available until expended.
``(h) Limitations.--
``(1) Maximum funding per applicant.--The Secretary may not
award grants under this section in an amount exceeding
$500,000 annually for each applicant.
``(2) Numeric limitation.--The Secretary may not provide
grants under this section to more than 10 interstate rail
compacts in any fiscal year.
``(i) Definitions.--In this section:
``(1) Applicant.--The term `applicant' means an interstate
rail compact or an interstate commission composed of 2 or
more States that has been established to promote, develop, or
operate intercity passenger rail transportation systems.
``(2) Intercity passenger rail service.--The term
`intercity passenger rail service' has the meaning given the
term `intercity rail passenger transportation' in section
24102.''.
(c) Clerical Amendment.--The analysis for chapter 229 of
title 49, United States Code, is further amended by adding at
the end the following:
``22910. Interstate rail compacts support program.''.
SEC. 9305. HIGH-SPEED RAIL UPDATES.
(a) High-speed Rail Corridor Planning.--Section 26101 of
title 49, United States Code, is amended--
(1) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A) by striking
``, or if it is an activity described in subparagraph (M)'';
(B) in subparagraph (J) by striking ``right-of-way
improvements'' and inserting ``right-of-way acquisition or
improvement needs'';
(C) in subparagraph (K) by inserting ``and'' at the end;
and
(D) by striking subparagraphs (L) and (M) and inserting the
following:
``(L) public costs in the creation of public private
partnerships.''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) through (3) and inserting
the following:
``(1) the extent to which the proposed planning focuses on
systems which will provide for high-speed rail;
``(2) the integration of the corridor into metropolitan
area and statewide transportation planning, including State
rail plans;
``(3) the use of rail stations within urbanized areas that
are located in a geographic area with a greater density
population than the urbanized area as a whole;'';
(B) in paragraph (4) by inserting before the semicolon ``,
passenger rail, transit, and other multimodal options'';
(C) in paragraph (6) by inserting ``and reduce greenhouse
gas emissions'' before the semicolon; and
(D) in paragraph (11) by inserting ``, including access to
affordable housing'' before the semicolon.
(b) Definitions.--Section 26105(2) of title 49, United
States Code, is amended--
(1) by inserting ``made available to members of the general
public as passengers and reasonably expected to reach speeds
of'' after ``service which is'';
(2) in subparagraph (A) by striking ``reasonably expected
to reach sustained speeds of more than 125 miles per hour;
and'' and inserting ``160 miles per hour or more on shared-
use right-of-way; or''; and
(3) in subparagraph (B) by striking ``made available to
members of the general public as passengers'' and inserting
``186 miles per hour or more on dedicated right-of-way''.
(c) High-speed Rail Corridor Development.--Section
26106(e)(2) of title 49, United States Code, is amended--
(1) in subparagraph (A)(i) by striking ``section 211 of the
Passenger Rail Investment and Improvement Act of 2008'' and
inserting ``section 24904(a)''; and
(2) in subparagraph (C)(i)--
(A) by striking subclause (III);
(B) by redesignating subclause (II) as subclause (III);
(C) by inserting after subclause (I) the following:
``(II) connectivity to rail stations within urbanized areas
that are located in a geographic area with a greater density
population than the urbanized area as a whole;''; and
(D) by striking subclause (IV) and inserting the following:
``(IV) environmental benefits, including projects that--
``(aa) reduce greenhouse gas emissions; and
``(bb) involve electrification or the purchase of
environmentally sensitive, fuel-efficient, and cost-effective
passenger rail equipment;''.
SEC. 9306. STATE RAIL PLANNING FORMULA FUNDS.
(a) In General.--Chapter 229 of title 49, United States
Code, is further amended by adding at the end the following:
``Sec. 22911. State rail planning formula funds
``(a) In General.--In carrying out this chapter, the
Secretary shall allocate an appropriate portion of 1.5
percent of the amounts made available for programs under this
chapter to provide grants to States--
``(1) for State or multi-State regional intercity passenger
rail corridor planning or project-specific, intercity
passenger rail planning purposes; or
``(2) for funding rail projects otherwise eligible under
section 22907 if no intercity passenger rail planning is
feasible.
``(b) Limitation of Funds.--Any unobligated balances of a
grant under this section remaining after 3 years from the
fiscal year in which the grant was made shall be
redistributed in an appropriate portion.
``(c) Definitions.--In this section:
``(1) Appropriate portion.--The term `appropriate portion'
means a share, for each State--
``(A) one quarter of which is comprised of the ratio that
the total railroad route miles in such
[[Page H3479]]
State bears to the total railroad route miles in the United
States, excluding from each such total the route miles used
exclusively for tourist excursions;
``(B) one quarter of which is comprised of the ratio that
the population in such State bears to the total population of
the United States, as determined by the Bureau of the Census;
and
``(C) half of which is comprised of the ratio that the
Amtrak ridership for fiscal year 2019 in each State bears to
the total Amtrak ridership for fiscal year 2019.
``(2) State.--The term `State' means each of the 50 States
and the District of Columbia.''.
(b) Clerical Amendment.--The analysis for chapter 229 of
title 49, United States Code, is further amended by adding at
the end the end the following:
``22911. State rail planning formula funds.''.
TITLE IV--COMMUTER RAIL POLICY
SEC. 9401. SENSE OF CONGRESS REGARDING COMMUTER RAIL
LIABILITY INSURANCE.
(a) Findings.--Congress finds the following:
(1) Prior to the COVID-19 pandemic, 32 commuter railroads
across the United States safely carried passengers on more
than 500,000,000 trips each year.
(2) Commuter rail is a $9,900,000,000 industry that creates
and supports more than 200,000 public- and private-sector
jobs, and continues to grow.
(3) Most commuter rail agencies are required to maintain
liability insurance up to statutory liability limits.
(4) Commuter rail agencies face significant obstacles to
finding and obtaining liability insurance.
(5) Only a handful of insurers offer this coverage, and a
significant percentage of the railroad liability insurance
marketplace is provided by foreign companies.
(6) The number of insurers in the American and foreign
markets willing to even offer potential capacity for this
coverage has drastically decreased over the past several
years, and, regardless of cost, it is becoming extremely
difficult for commuter railroads to obtain the needed
coverage.
(7) Despite the exceptional safety record of commuter
railroads and recent full compliance with positive train
control, a 2021 survey of the American Public Transportation
Association's commuter rail agencies revealed that there has
been a 60 percent increase in premium costs over the last 3
years.
(8) The increase in premiums is largely due to factors
outside the control of the commuter rail industry, including
major forest fires, hurricanes, and insurers exiting the
market.
(9) The cost of liability insurance severely impacts the
operating budgets of many commuter rail agencies and
potentially affects their ability to offer these critical
public transportation services.
(b) Sense of Congress.--It is the sense of Congress that
Congress should address the capacity and cost issues
associated with the commuter rail liability insurance market
and consider establishing a commuter rail insurance program
within the Department of Transportation.
SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION OF TRACKAGE
USE REQUESTS.
Section 28502 of title 49, United States Code, is amended
to read as follows:
``Sec. 28502. Surface Transportation Board mediation of
trackage use requests
``A rail carrier shall provide good faith consideration to
a reasonable request from a provider of commuter rail
passenger transportation for access to trackage and provision
of related services. If, after a reasonable period of
negotiation, a public transportation authority cannot reach
agreement with a rail carrier to use trackage of, and have
related services provided by, the rail carrier for purposes
of commuter rail passenger transportation, the public
transportation authority or the rail carrier may apply to the
Board for nonbinding mediation. In any case in which
dispatching for the relevant trackage is controlled by a rail
carrier other than the trackage owner, both shall be subject
to the requirements of this section and included in the
Board's mediation process. The Board shall conduct the
nonbinding mediation in accordance with the mediation process
of section 1109.4 of title 49, Code of Federal Regulations,
as in effect on the date of enactment of the TRAIN Act.
During such mediation process, the Board shall determine
whether the consideration a rail carrier provided to a
request was in good faith and whether the request from a
provider of commuter rail passenger transportation was
reasonable. The determinations made in the preceding sentence
shall have no effect on the nonbinding nature of the
mediation.''.
SEC. 9403. SURFACE TRANSPORTATION BOARD MEDIATION OF RIGHTS-
OF-WAY USE REQUESTS.
Section 28503 of title 49, United States Code, is amended
to read as follows:
``Sec. 28503. Surface Transportation Board mediation of
rights-of-way use requests
``A rail carrier shall provide good faith consideration to
a reasonable request from a provider of commuter rail
passenger transportation for access to rail right-of-way for
the construction and operation of a segregated fixed guideway
facility. If, after a reasonable period of negotiation, a
public transportation authority cannot reach agreement with a
rail carrier to acquire an interest in a railroad right-of-
way for the construction and operation of a segregated fixed
guideway facility to provide commuter rail passenger
transportation, the public transportation authority or the
rail carrier may apply to the Board for nonbinding mediation.
In any case in which dispatching for the relevant trackage is
controlled by a rail carrier other than the right-of-way
owner, both shall be subject to the requirements of this
section and included in the Board's mediation process. The
Board shall conduct the nonbinding mediation in accordance
with the mediation process of section 1109.4 of title 49,
Code of Federal Regulations, as in effect on the date of
enactment of the TRAIN Act. During such mediation process,
the Board shall determine whether the consideration a rail
carrier provided to a request was in good faith and whether
the request from a provider of commuter rail passenger
transportation was reasonable. The determinations made in the
preceding sentence shall have no effect on the nonbinding
nature of the mediation.''.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
SEC. 9501. STUDY ON SAFETY IMPACT OF LONG TRAINS.
(a) Study.--The Secretary of Transportation shall conduct a
study on the safety impacts of the operation of long trains.
(b) Contents.--The study conducted under subsection (a)
shall include--
(1) an examination of any potential risks of the operation
of long trains and recommendations on mitigation of any such
risks;
(2) among other safety factors with respect to the
operation of such trains, an evaluation of any--
(A) potential risk of loss of communications between an
end-of-train device, or a distributed power unit, and the
locomotive cab, including communications over differing
terrains and conditions;
(B) potential risk of loss of radio communications between
crewmembers after a crewmember alights from a train,
including communications over differing terrains and
conditions;
(C) potential risk of derailments, including any risks
associated with in-train compressive forces and slack action,
or other safety risks in differing terrains and conditions;
(D) changes in risks or benefits to safety associated with
the deployment of multiple distributed power units in the
consists of such trains; and
(E) impacts of the length of trains on braking and
locomotive performance and track wear and tear; and
(3) an evaluation of whether additional engineer and
conductor training is required for safely operating such
trains.
(c) Collaboration.--In conducting the study required under
subsection (a), the Secretary shall collaborate with railroad
carriers, labor organizations representing railroad
employees, and railroad safety technology manufacturers.
(d) Results of Study.--
(1) Report.--Not later than 24 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 Commerce, Science,
and Transportation of the Senate a report that contains--
(A) the results of the study required by subsection (a);
(B) any recommendations for mitigating safety risks caused
by long trains; and
(C) a description of any action the Secretary intends to
take to address any safety risk identified in the study.
(2) Sharing study results.--After submitting the report
required by paragraph (1), the Secretary shall share the
results of the study with railroad carriers, labor
organizations representing railroad employees, and safety
technology organizations.
(e) Secretary Action.--Not later than 180 days after the
date on which the report required by subsection (d)(1) is
submitted, the Secretary shall implement any proposed actions
described in such report.
(f) Definition.--In this section, the term ``long train''
means a freight train composed of more than 150 rail cars.
(g) Funding.--From the amounts made available for fiscal
year 2021 to carry out section 20117(a) of title 49, United
States Code, the Secretary shall expend not less than
$1,000,000 and not more than $2,000,000 to carry out this
section.
SEC. 9502. FRA SAFETY REPORTING.
(a) In General.--Section 20901 of title 49, United States
Code, is amended by inserting ``(including the train length,
the number of crew members in the controlling locomotive cab,
and the duties of such crew members)'' after ``reported
accident or incident''.
(b) Regulations.--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 the
amendment made by subsection (a).
(c) Trend Analysis.--
(1) In general.--Chapter 209 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 20904. Trend analysis
``(a) Annual Review and Analysis.--Not later than 1 year
after the date of enactment of the TRAIN Act, and not less
frequently than annually thereafter, the Secretary shall
review the reports filed by a railroad carrier subject to
section 20901(a) and analyze the data contained in such
reports for trends or patterns of potential safety risks.
``(b) Secretary Action.--If the Secretary identifies any
such trends or patterns, the Secretary shall--
``(1) take such actions as are necessary to address the
potential safety risk; and
``(2) if appropriate, communicate any such trends or
patterns to a representative of any relevant railroad carrier
and a representative of the employees of such railroad
carrier, including any nonprofit employee labor organization
representing a craft or class of employees subject to the
potential safety risk.''.
[[Page H3480]]
(2) Clerical amendment.--The analysis for chapter 209 of
title 49, United States Code, is amended by adding at the end
the following:
``20904. Trend analysis.''.
(d) Accident and Incident Reporting.--Section 209 of the
Rail Safety Improvement Act of 2008 (49 U.S.C. 20901 note) is
amended by inserting ``, and other events required to be
reported under part 225 of title 49, Code of Federal
Regulations,'' after ``collisions and fatalities''.
SEC. 9503. WAIVER NOTICE REQUIREMENTS.
Section 20103(d) of title 49, United States Code, is
amended to read as follows:
``(d) Nonemergency Waivers.--
``(1) In general.--The Secretary may waive or suspend
compliance with any part of a regulation prescribed or order
issued under this chapter if the waiver or suspension is in
the public interest and consistent with railroad safety.
``(2) Notice required.--The Secretary shall--
``(A) provide timely public notice of any request for a
waiver or suspension under this subsection;
``(B) make the application for such waiver or suspension
and any related underlying data available to interested
parties;
``(C) provide the public with notice and a reasonable
opportunity to comment on a proposed waiver or suspension
under this subsection before making a final decision; and
``(D) make public the reasons for granting a waiver or
suspension under this subsection.
``(3) Information protection.--Nothing in this subsection
shall be construed to require the release of information
protected by law from public disclosure.''.
SEC. 9504. NOTICE OF FRA COMPREHENSIVE SAFETY COMPLIANCE
ASSESSMENTS.
(a) Initial Notice.--If the Federal Railroad Administration
initiates a comprehensive safety compliance assessment of an
entity providing regularly scheduled intercity or commuter
rail passenger transportation, the Administration shall
notify in electronic format the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate of such comprehensive safety compliance assessment not
later than 10 business days after the date on which
commencement of any field investigation activity that is part
of such assessment occurs.
(b) Findings.--Not later than 180 days after completion of
a comprehensive safety compliance assessment described in
subsection (a), the Federal Railroad Administration shall
transmit in electronic format to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a summary report of the findings
of such assessment.
(c) Definition of Comprehensive Safety Compliance
Assessment.--In this section, the term ``comprehensive safety
compliance assessment'' means a focused review initiated and
managed by the Federal Railroad Administration based on
findings from an accident investigation and involving at
least 2 technical disciplines, with the purpose of examining
the compliance of an entity providing regularly scheduled
intercity or commuter rail passenger transportation with
safety standards.
SEC. 9505. FRA ACCIDENT AND INCIDENT INVESTIGATIONS.
Section 20902 of title 49, United States Code, is amended--
(1) in subsection (b) by striking ``subpena'' and inserting
``subpoena'';
(2) in subsection (c) by inserting ``The Secretary shall
develop a process to make available to a representative of
the railroad carrier that is the subject of an accident or
incident investigation, and to a representative of the
employees of such railroad carrier, including a nonprofit
employee labor organization representing railroad workers, a
draft investigation report for timely review and comment.''
after the period at the end; and
(3) by adding at the end the following:
``(d) Gathering Information and Technical Expertise.--
``(1) In general.--The Secretary shall create a standard
process for investigators to use during accident and incident
investigations conducted under this section to--
``(A) gather information about an accident or incident
under investigation from railroad carriers, contractors or
employees of railroad carriers or representatives of
employees of railroad carriers, and others determined
relevant by the Secretary; and
``(B) consult with railroad carriers, contractors or
employees of railroad carriers or representatives of
employees of railroad carriers, and others determined
relevant by the Secretary, for technical expertise on the
facts of the accident or incident under investigation.
``(2) Confidentiality.--In developing the process under
paragraph (1), the Secretary shall factor in ways to maintain
the confidentiality of any entity identified under paragraph
(1) if--
``(A) such entity requests confidentiality;
``(B) such entity was not involved in the accident or
incident; and
``(C) maintaining such entity's confidentiality does not
adversely affect an investigation of the Federal Railroad
Administration.
``(3) Application of law.--This subsection shall not apply
to any investigation carried out by the National
Transportation Safety Board.''.
SEC. 9506. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS.
(a) In General.--Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 20169. Freight train crew size safety standards
``(a) Minimum Crew Size.--No freight train may be operated
unless such train has a 2-person crew comprised of at least 1
appropriately qualified and certified conductor and 1
appropriately qualified and certified locomotive engineer.
``(b) Exceptions.--Except as provided in subsection (d),
the prohibition in subsection (a) shall not apply in any of
the following circumstances:
``(1) Train operations on track that is not a main track.
``(2) A train operated--
``(A) by a railroad carrier that has fewer than 400,000
total employee work hours annually and less than $40,000,000
annual revenue (adjusted for inflation as measured by the
Surface Transportation Board Railroad Inflation-Adjusted
Index);
``(B) at a speed of not more than 25 miles per hour; and
``(C) on a track with an average track grade of less than 2
percent for any segment of track that is at least 2
continuous miles.
``(3) Locomotives performing assistance to a train that has
incurred mechanical failure or lacks the power to traverse
difficult terrain, including traveling to or from the
location where assistance is provided.
``(4) Locomotives that--
``(A) are not attached to any equipment or attached only to
a caboose; and
``(B) do not travel farther than 30 miles from the point of
origin of such locomotive.
``(5) Train operations staffed with fewer than a two-person
crew at least 1 year prior to the date of enactment of this
section, if the Secretary determines that the operation
achieves an equivalent level of safety.
``(c) Trains Ineligible for Exception.--The exceptions
under subsection (b) may not be applied to--
``(1) a train transporting 1 or more loaded cars carrying
high-level radioactive waste, spent nuclear fuel, or material
toxic by inhalation;
``(2) a train carrying 20 or more loaded tank cars of a
Class 2 material or a Class 3 flammable liquid in a
continuous block or a single train carrying 35 or more loaded
tank cars of a Class 2 material or a Class 3 flammable liquid
throughout the train consist; or
``(3) a train with a total length of 7,500 feet or greater.
``(d) Waiver.--A railroad carrier may seek a waiver of the
requirements of this section pursuant to section 20103(d).''.
(b) Clerical Amendment.--The analysis for subchapter II of
chapter 201 of title 49, United States Code, is amended by
adding at the end the following:
``20169. Freight train crew size safety standards.''.
SEC. 9507. BORDER CROSSINGS.
(a) Border Crossings.--The Secretary of Transportation
shall require that--
(1) any railroad carrier that is operating a freight train
across the southern border into the United States operates
the train continually until the last car of the train passes
through the scanning facility used for nonintrusive
inspection by U.S. Customs and Border Protection located at
such border;
(2) when the last car of such train passes through such
facility, the railroad carrier shall stop such train to
conduct a crew interchange and any federally-mandated safety
testing; and
(3) the railroad carrier ensures that the only individuals
that operate such trains after carrying out the activities
described in paragraph (2) are individuals--
(A) who are United States nationals or aliens lawfully
admitted for permanent residence in the United States; and
(B) whose primary reporting point is in the United States.
(b) Funding.--
(1) Set-aside.--From the amounts made available to carry
out section 22907 of title 49, United States Code, the
Secretary shall set aside, for each of fiscal years 2022
through 2026, $60,000,000 for projects to prevent blocked
crossing incidents as a result of operations made necessary
by subsection (a). Projects eligible for funding under this
paragraph are--
(A) highway-rail grade crossing separation projects
eligible under such section that are located not further than
1.5 miles from a scanning facility described in subsection
(a)(1); and
(B) projects eligible under such section to relocate a rail
line to prevent blocked crossing incidents resulting from
trains crossing the southern border.
(2) Unobligated funds.--Any funds provided under paragraph
(1) that are unobligated at the end of the second fiscal year
following the fiscal year in which such funds are set aside
may be used for any eligible project under section 22907.
(c) Agreement.--The Secretary shall ensure that a recipient
of funds made available under subsection (b)(1)(A) has a
written agreement with any railroad carrier operating over
the infrastructure constructed or improved with such funds
that includes a requirement that any such railroad carrier
may not operate trains over such infrastructure that, due to
the length of the train, are likely to cause blocked crossing
incidents.
(d) Rule of Construction.--Nothing in this section shall be
construed as amending any safety regulation of the Federal
Railroad Administration or amending or revoking any waivers
such Administration has granted under section 20103 of title
49, United States Code.
(e) Definitions.--In this section:
(1) Railroad carrier.--The term ``railroad carrier'' has
the meaning given such term in section 20102 of title 49,
United States Code.
(2) Southern border.--The term ``southern border'' means
the international border between the United States and
Mexico.
(3) Blocked crossing incident.--The term ``blocked crossing
incident'' has the meaning
[[Page H3481]]
given such term in section 20173 of title 49, United States
Code.
SEC. 9508. YARDMASTERS HOURS OF SERVICE.
(a) Limitations on Duty Hours of Yardmaster Employees.--
Section 21103 of title 49, United States Code, is amended--
(1) in the section heading by inserting ``and yardmaster
employees'' after ``train employees'' ;
(2) by inserting ``or yardmaster employee'' after ``train
employee'' each place it appears; and
(3) in subsection (e) by inserting ``or yardmaster
employee's'' after ``During a train employee's''.
(b) Definitions.--Section 21101 of title 49, United States
Code, is amended--
(1) in paragraph (3) by inserting ``a yardmaster
employee,'' after ``dispatching service employee,''; and
(2) by adding at the end the following:
``(6) `yardmaster employee' means an individual responsible
for supervising and coordinating the control of trains and
engines operating within a rail yard.''.
(c) Conforming Amendment.--The analysis for chapter 211 of
title 49, United States Code, is amended by striking the item
relating to section 21103 and inserting the following:
``21103. Limitations on duty hours of train employees and yardmaster
employees.''.
SEC. 9509. LEAKING BRAKES.
(a) In General.--The Administrator of the Federal Railroad
Administration shall take such actions as are necessary to
prohibit the use of any service air brake control valve or
emergency air brake control valve in any location north of
the 37th parallel during the period beginning on November 1
and ending on March 31 of any year if--
(1) the period between the date on which the air brake
control valve is in use and the date of the manufacture or
recondition of such valve exceeds 15 years; and
(2) the air brake control valve is operated in--
(A) a unit train on or after August 1, 2023;
(B) a train transporting 1 or more materials poisonous by
inhalation, as such term is defined in section 171.8 of title
49, Code of Federal Regulations, on or after August 1, 2023;
or
(C) a non-unit train on or after August 1, 2025.
(b) Reports.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter until air
brake control valves described in subsection (a) are no
longer operating in trains as required under subparagraphs
(A) and (B) of subsection (a)(1), the Administrator shall
transmit 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 identifies--
(1) the estimated number of such air brake control valves
in use on--
(A) unit trains operating north of the 37th parallel
between November 1 and March 31; and
(B) trains transporting 1 or more material poisonous-by-
inhalation operating north of the 37th parallel during the
period beginning on November 1 and ending on March 31;
(2) any issues affecting the industry's progress toward
ensuring that such air brake control valves are phased out in
accordance with the requirements of subsection (a); and
(3) efforts the Administrator has taken since the previous
report to ensure such air brake control valves are phased out
in accordance with the requirements of subsection (a).
(c) Rulemaking.--If, after collecting data through a
science-based methodology, the Administrator determines the
prohibition under subsection (a) does not ensure a sufficient
level of safety, the Administrator may propose alternative
actions in a rulemaking addressing the air brake control
valves subject to this section.
SEC. 9510. REPORT ON PTC SYSTEM FAILURES.
Section 20157 of title 49, United States Code, is amended
by adding at the end the following:
``(m) Report of System Failures.--The Secretary shall
require railroad carriers and other entities subject to
subsection (a) to regularly report to the Administrator
failures of positive train control systems. The Secretary
shall prescribe the type of failure, format, interval, and
detail required for reports submitted under this
subsection.''.
SEC. 9511. FATIGUE REDUCTION MANAGEMENT PLANS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
issue final regulations on fatigue management plans based on
the notice of proposed rulemaking published on December 22,
2020, titled ``Fatigue Risk Management Programs for Certain
Passenger and Freight Railroads'' (85 Fed. Reg. 83484; Docket
No. FRA-2015-0122).
(b) Monitoring.--
(1) Fatigue as cause or contributing factor.--If a Federal
Railroad Administration railroad accident or incident
investigation conducted under section 20902 of title 49,
United States Code, identifies that fatigue was a casual or
contributing factor to an accident or incident, the Secretary
may reopen a fatigue management plan of a passenger railroad
operation or a railroad subject to part 270 or part 271,
respectively, of title 49, Code of Federal Regulations.
(2) Fatigue as systemic issue.--If the Secretary determines
that fatigue is a systemic issue for a passenger railroad
operation or railroad, the Secretary shall reopen a fatigue
management plan of such passenger railroad operation or a
railroad subject to part 270 or part 271, respectively, of
title 49, Code of Federal Regulations.
(3) Reopening of fatigue management plan.--If the Secretary
reopens a fatigue management plan under paragraph (1) or (2),
the Secretary shall--
(A) consider whether any statement filed under sections
270.208(e) and 271.207(e) of title 49, Code of Federal
Regulations, addressed such plan; and
(B) consult with employees, including labor organizations
representing railroad employees, of the passenger railroad
operation or railroad that has a reopened fatigue management
plan.
SEC. 9512. ASSAULT PREVENTION AND RESPONSE PLANS.
(a) In General.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this division, is further
amended by adding at the end the following:
``Sec. 20170. Assault prevention and response plans
``(a) In General.--Not later than 180 days after the date
of enactment of the TRAIN Act, any entity that provides
regularly scheduled intercity or commuter rail passenger
transportation shall submit to the Secretary of
Transportation for review and approval an assault prevention
and response plan (in this section referred to as the `Plan')
to address transportation assaults.
``(b) Contents of Plan.--The Plan required under subsection
(a) shall include--
``(1) procedures that--
``(A) facilitate the reporting of a transportation assault,
including the notification of on-site personnel, rail law
enforcement, and local law enforcement;
``(B) personnel should follow up on the reporting of a
transportation assault, including actions to protect affected
individuals from continued assault;
``(C) may be taken to remove the passenger or personnel who
has committed a transportation assault from the train or
related area or facility as soon as practicable when
appropriate;
``(D) include protections and safe reporting practices for
passengers who may have been assaulted by personnel; and
``(E) may limit or prohibit, to the extent practicable,
future travel with the entity described in subsection (a) by
any passenger or personnel who commits a transportation
assault against personnel or passengers;
``(2) a policy that ensures an employee who is a victim or
witness of a transportation assault may participate in the
prosecution of a criminal offense of such assault without any
adverse effect on the victim's or witnesses' employment
status; and
``(3) a process and timeline for conducting an annual
review and update of the Plan.
``(c) Notice to Passengers.--An entity described under
subsection (a) shall display onboard trains and in boarding
areas, as appropriate, a notice stating the entity's
abilities to restrict future travel under subsection
(b)(1)(E).
``(d) Personnel Training.--An entity described under
subsection (a) shall provide initial and annual training for
all personnel on the contents of the Plan, including training
regarding--
``(1) the procedures described in subsection (b);
``(2) methods for responding to hostile situations,
including de-escalation training; and
``(3) rights and responsibilities of personnel with respect
to a transportation assault on themselves, other personnel,
or passengers.
``(e) Personnel Participation.--The Plan required under
subsection (a) shall be developed and implemented with the
direct participation of personnel, and, as applicable, labor
organizations representing personnel.
``(f) Reporting.--
``(1) Incident notification.--
``(A) In general.--Not later than 10 days after a
transportation assault incident, the applicable entity
described in subsection (a) shall notify personnel employed
at the location in which the incident occurred. In the case
of an incident on a vehicle, such entity shall notify
personnel regularly scheduled to carry out employment
activities on the service route on which the incident
occurred.
``(B) Content of incident report.--The notification
required under paragraph (1) shall--
``(i) include a summary of the incident; and
``(ii) be written in a manner that protects the
confidentiality of individuals involved in the incident.
``(2) Annual report.--For each calendar year, each entity
with respect to which a transportation assault incident has
been reported during such year shall submit to the Secretary
a report that describes--
``(A) the number of assault incidents reported to the
entity, including--
``(i) the number of incidents committed against passengers;
and
``(ii) the number of incidents committed against personnel;
and
``(B) the number of assault incidents reported to rail or
local law enforcement by personnel of the entity.
``(3) Publication.--The Secretary shall make available to
the public on the primary website of the Federal Railroad
Administration the data collected under paragraph (2).
``(4) Data protection.--Data made available under this
subsection shall be made available in a manner that protects
the confidentiality of individuals involved in transportation
assault incidents.
``(g) Definition of Transportation Assault.--In this
section, the term `transportation assault' means the
occurrence, or reasonably suspected occurrence, of an act
that--
``(1) constitutes assault;
``(2) is committed by a passenger or member of personnel of
an entity that provides regularly scheduled intercity or
commuter rail passenger transportation against another
passenger or member of personnel of such entity; and
``(3) takes place--
``(A) within a vehicle of such entity; or
``(B) in an area in which passengers are entering or
exiting a vehicle described in subparagraph (A); or
[[Page H3482]]
``(C) at a station or facility where such entity operates,
regardless of ownership of the station or facility.''.
(b) Conforming Amendment.--The analysis for subchapter II
of chapter 201 of title 49, United States Code, as amended by
this division, is further amended by adding at the end the
following:
``20170. Assault prevention and response plans.''.
SEC. 9513. CRITICAL INCIDENT STRESS PLANS.
The Secretary of Transportation shall issue such
regulations as are necessary to amend part 272 of title 49,
Code of Federal Regulations, to ensure that--
(1) the coverage of a critical incident stress plan under
section 272.7 of such part includes directly involved
employees of commuter railroads and intercity passenger
railroads, as such terms are defined in section 272.9 of such
part; and
(2) assault and the witnessing of an assault against an
employee or train passenger is included in the definition of
critical incident under section 272.9 of such part.
SEC. 9514. CREWMEMBER CERTIFICATION AND QUALIFICATION.
(a) Audit of Programs.--
(1) In general.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this division, is further
amended by adding at the end the following:
``Sec. 20171. Audit of qualification and certification
programs
``(a) In General.--Not later than 1 year after the date of
enactment of the TRAIN Act, and not less frequently than
every 5 years thereafter, the Secretary shall conduct an
audit of--
``(1) the qualification and certification program of
locomotive engineers of each Class I railroad carrier subject
to the requirements of part 240 of title 49, Code of Federal
Regulations; and
``(2) the qualification and certification program of
conductors of each Class I railroad carrier subject to the
requirements of part 242 of title 49, Code of Federal
Regulations.
``(b) Contents of Audit.--In carrying out the audit
required under subsection (a), the Secretary shall--
``(1) consider whether the training, qualification, and
continuing education components of the programs described in
subsection (a) comply with regulations in parts 240 and 242
of title 49, Code of Federal Regulations;
``(2) assess the quality of the training that railroad
carriers provide locomotive engineers and conductors under
such programs;
``(3) determine whether such programs provide locomotive
engineers and conductors the knowledge, skill, and ability to
safely operate the types of locomotives or trains a railroad
carrier may require a locomotive engineer and conductor to
operate, including all associated technology used on such
locomotives or trains;
``(4) determine whether the training, qualification, and
continuing education components of such programs reflect the
operating practices of the railroad carrier carrying out such
components;
``(5) assess whether a railroad carrier conducting such
programs provides locomotive engineers or conductors adequate
at-controls training before certification;
``(6) assess how a railroad carrier uses a simulator or
other technology to train, familiarize, or provide recurrent
training to a locomotive engineer or conductor, including how
the use of a simulator or other such technology compares to
international experience or practice; and
``(7) address any other safety issues the Secretary
determines appropriate for preparing locomotive engineers and
conductors.
``(c) Deficiency in Qualification and Certification
Program.--If, in conducting the audit required under this
section, the Secretary identifies a deficiency in a railroad
carrier's qualification and certification program of
locomotive engineers or the qualification and certification
program of conductors, the Secretary shall require the
railroad carrier to update such program to eliminate the
deficiency.
``(d) Consultation.--In conducting the audit required under
this section, the Secretary shall consult with
representatives of each railroad carrier and representatives
of the employees of the railroad carrier, including any
nonprofit employee labor organization representing engineers
or conductors of the railroad carrier.
``(e) Cooperation.--
``(1) In general.--A railroad carrier and employees of the
railroad carrier, including any nonprofit employee labor
organization representing engineers or conductors of the
railroad carrier, shall cooperate fully with the Secretary
during an audit required under this section.
``(2) Documents; interviews.--A railroad carrier shall
provide any documents requested by the Secretary or make
available any employee for interview with the Secretary
without undue delay or obstruction.
``(f) Report to Congress.--Not later than 90 days after the
date on which the Secretary completes an audit under
subsection (a), the Secretary shall--
``(1) publish on the website of the Federal Railroad
Administration a report that summarizes the results of the
audit and any updates made in accordance with subsection (c);
and
``(2) notify of such report the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
``(g) Civil Penalty.--The Secretary is authorized to assess
a civil penalty or to take other authorized enforcement
action, as appropriate, pursuant to chapter 213 for a failure
to comply with the requirements of this section.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 201 of title 49, United States Code, as amended by
this division, is further amended by adding at the end the
following:
``20171. Audit of qualification and certification programs.''.
(b) Review of Regulations.--
(1) In general.--The Secretary of Transportation shall
determine whether any update to part 240 or 242, of title 49,
Code of Federal Regulations, is necessary to prepare
locomotive engineers and conductors to safely operate trains.
(2) Requirements.--In making a determination under
paragraph (1), the Secretary shall--
(A) evaluate, taking into account the requirements of
section 20169 of title 49, United States Code, whether such
parts establish Federal standards for railroad carriers to--
(i) provide locomotive engineers and conductors the
knowledge, skill and ability to safely operate trains under
conditions that reflect industry practices;
(ii) adequately address locomotive engineer and conductor
situational awareness;
(iii) require adequate at-controls training before a
locomotive engineer or conductor is certified;
(iv) adequately prepare locomotive engineers and conductors
to understand all locomotive operating characteristics;
(v) sufficiently require locomotive engineers and
conductors to demonstrate knowledge on the physical
characteristics of a territory under various conditions and
using various resources; and
(vi) address any other safety issue the Secretary
determines appropriate for better preparing locomotive
engineers and conductors; and
(B) consider the results of the audit required by section
20171 of title 49, United States Code.
(3) Report to congress.--Not later than 180 days after the
date on which the Secretary submits the report required under
section 20171(f) 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 includes the findings of the review
required under paragraph (1) and a description of any action
the Secretary intends to take to improve, or increase the
effectiveness of the requirements of, part 240 or 242 of
title 49, Code of Federal Regulations.
(4) Rulemaking.--If the Secretary determines under
paragraph (1) that any update to part 240 or 242 is necessary
to prepare locomotive engineers or conductors to safely
operate locomotives or trains, the Secretary shall issue a
rulemaking to carry out such update.
(5) Application of law.--Any action the Secretary takes as
a result of a determination made under paragraph (1) shall be
consistent with section 20169 of title 49, United States
Code.
(6) Definition of railroad carrier.--In this subsection,
the term ``railroad carrier'' has the meaning given such term
in section 20102 of title 49, United States Code.
SEC. 9515. SAFETY MANAGEMENT TEAM COMMUNICATION.
(a) In General.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this division, is further
amended by adding at the end the following:
``Sec. 20172. Safety management team communication
``The Administrator of the Federal Railroad Administration
shall implement a process for the communication of
information between safety management teams of the
Administration and railroad employees, including any
nonprofit employee labor organization representing railroad
employees. Such process shall include a reasonable timeframe
for a safety management team to respond to communication from
such railroad employees.''.
(b) Clerical Amendment.--The analysis for subchapter II of
chapter 201 of title 49, United States Code, as amended by
this division, is further amended by adding at the end the
following:
``20172. Safety management team communication.''.
SEC. 9516. GAO STUDY ON REORGANIZATION OF OFFICE OF RAILROAD
SAFETY.
(a) Study.--The Comptroller General of the United States
shall conduct a study comparing the Office of Railroad Safety
of the Federal Railroad Administration before and after the
reorganization of such Office that took effect on June 8,
2020.
(b) Contents.--The study conducted under subsection (a)
shall evaluate--
(1) the differences in the structure of the Office before
and after such reorganization;
(2) any differences in the communication between the Office
and railroad carriers and the employees of railroad carriers
before and after such reorganization;
(3) any differences in the communication between Federal
Railroad Administration safety inspectors and other
specialists before and after such reorganization, and the
impacts of such differences;
(4) whether the structure before or after such
reorganization better protects against regulatory capture;
(5) whether the structure before or after such
reorganization is better at promoting and ensuring safety;
(6) whether the structure before or after such
reorganization more closely resembles the structure of other
Department of Transportation modal agencies that have
enforcement authority similar to the Federal Railroad
Administration; and
(7) any other issues the Comptroller General determines are
relevant.
(c) Information Collection.--In conducting the study
required under this section, the Comptroller General shall
collect information from the following entities:
[[Page H3483]]
(1) The Federal Railroad Administration.
(2) Freight rail carriers and passenger rail carriers.
(3) Employees of freight rail carriers and passenger rail
carriers.
(4) Other entities the Comptroller General determines are
relevant.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall transmit
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
includes the findings of the study conducted under subsection
(a) and any recommendations for improving safety and
communication within the Office of Railroad Safety or between
the Office of Railroad Safety and the entities identified in
paragraphs (2) and (3) of subsection (c).
SEC. 9517. OPEN-TOP RAIL CAR PUBLIC INPUT.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Railroad Administration
shall initiate a public process to seek input on addressing
safety risks, spills, emissions, odors, and other public
nuisances associated with top loading rail cars, open-top
hoppers, and gondolas, including evaluating the feasibility
of a requirement that such rail cars be covered while in
transportation, including while being held, delayed, or
transferred.
SEC. 9518. NEW PASSENGER SERVICE PRE-REVENUE SAFETY
VALIDATION PLAN.
(a) In General.--Subchapter I of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 20122. New passenger service pre-revenue safety
validation plan
``(a) Safety Validation Plan.--
``(1) In general.--The Secretary of Transportation shall
require a covered entity to submit to the Secretary a safety
validation plan to ensure the safe operation of--
``(A) a new intercity rail passenger transportation or
commuter rail passenger transportation service;
``(B) an intercity rail passenger transportation or
commuter rail passenger transportation route that has not
been in revenue service for a period of more than 180 days;
or
``(C) an extension of an existing intercity rail passenger
transportation or commuter rail passenger transportation
route.
``(2) Submission.--A covered entity shall submit a safety
validation plan required under paragraph (1) not later than
30 days before the date on which such entity begins revenue
service of a service or route described in paragraph (1).
``(b) Requirements.--
``(1) In general.--Not later than 60 days after the date of
enactment of the TRAIN Act, the Secretary shall establish the
requirements of the safety validation plan described under
subsection (a), including adequate training of all relevant
personnel and a minimum period of simulated service to ensure
operational readiness.
``(2) Prohibition of service.--The Secretary shall prohibit
a covered entity from beginning a service described in
subsection (a)(1) until the entity is in full compliance with
the safety validation plan required by such subsection.
``(c) Amendment to Safety Validation Plan.--
``(1) In general.--The Secretary shall require a covered
entity to submit to the Secretary for review and approval any
proposed amendment to a safety validation plan required under
subsection (a).
``(2) Review and approval.--Not later than 5 working days
after the date on which the Secretary receives a proposed
amendment submitted under paragraph (1), the Secretary shall
review and approve or deny such proposed amendment.
``(3) Notification.--If the Secretary does not approve a
proposed amendment submitted under this subsection, the
Secretary shall provide written notice to the covered entity
of the specific areas in which the proposed amendment is
deficient. An entity may correct such deficiencies and
reapply for review and approval under this subsection.
``(d) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means an
entity providing regularly scheduled railroad transportation
that is intercity rail passenger transportation or commuter
rail passenger transportation.
``(2) Intercity rail passenger transportation; commuter
rail passenger transportation.--The terms `intercity rail
passenger transportation' and `commuter rail passenger
transportation' have the meanings given such terms in section
24102.''.
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 201 of title 49, United States Code, is amended by
adding at the end the following new item:
``20122. New passenger service pre-revenue safety validation plan.''.
SEC. 9519. SAFETY OVERSIGHT OF NONTRADITIONAL AND EMERGING
RAIL TECHNOLOGIES.
(a) In General.--The Secretary of Transportation shall
conduct a review of the safety regulations of the Federal
Railroad Administration to determine the applicability of
such regulations to nontraditional and emerging rail
technologies and to identify any gaps in such regulations or
any challenges to ensuring the safety of such technologies.
(b) 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 Commerce, Science,
and Transportation of the Senate a report on the findings of
the review conducted under subsection (a).
(c) Contents.--The report required under subsection (b)
shall include a description of--
(1) the applicability of safety regulations in effect on
the date of enactment of this Act to nontraditional and
emerging rail technologies;
(2) whether gaps in the regulations or other challenges
exist that should be addressed in order to ensure the safety
of nontraditional and emerging rail technologies;
(3) any additional regulations that are necessary to ensure
the safety of nontraditional and emerging rail technologies;
and
(4) any additional research that may be needed to further
evaluate and regulate the safety of nontraditional and
emerging rail technologies.
(d) Public Notice and Comment.--In conducting the review
process under subsection (a), the Secretary shall provide
notice and an opportunity for public comment for not less
than 60 days.
(e) Nontraditional and Emerging Rail Technologies
Defined.--In this section, the term ``nontraditional and
emerging rail technologies'' means nonhighway ground
transportation that runs on electromagnetic guideways in a
tube, or system of tubes, that operates in a low-pressure
environment.
SEC. 9520. FRA SAFETY INSPECTOR AND SPECIALIST REVIEW.
(a) Review.--The Administrator of the Federal Railroad
Administration shall review the position descriptions and pay
grades of railroad safety inspection personnel and railroad
safety specialists employed by the Office of Railroad Safety.
(b) Contents of Review.--The review under subsection (a)
shall--
(1) consider whether the descriptions of the positions
described in subsection (a) accurately reflect the scope of
work and duties of the personnel and specialists described in
such subsection, including any technological advancements
that impact the scope of work and duties;
(2) compare the pay grades of such positions to the pay
grades of personnel employed by other Department of
Transportation agencies and the National Transportation
Safety Board who have scopes of work and duties comparable to
those of railroad safety inspection personnel and railroad
safety specialists; and
(3) assess whether the Administration experiences
difficulty in recruiting or retaining such personnel and
specialists and identify the reasons for such difficulty.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall transmit 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--
(1) summarizes the findings of the review required by the
section;
(2) describes how the Administration plans to update the
position descriptions of such personnel and specialists to
accurately reflect the scope of work and duties, including
any technological advancements that impact the scope of work
and duties; and
(3) describes how pay grades may be updated to retain and
recruit such personnel and specialists.
Subtitle B--Grade Crossing Safety
SEC. 9551. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS.
(a) In General.--Chapter 229 of title 49, United States
Code, as amended by this division, is further amended by
adding at the end the following:
``Sec. 22912. Highway-rail grade crossing separation grants
``(a) General Authority.--The Secretary of Transportation
shall make grants under this section to eligible entities to
assist in funding the cost of highway-rail grade crossing
separation projects.
``(b) Application Requirements.--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,
including--
``(1) an agreement between the entity that owns or controls
the railroad right-of-way and the applicant addressing access
to the railroad right-of-way throughout the project; and
``(2) a cost-sharing agreement with the funding amounts
that the entity that owns or controls the railroad right-of-
way shall contribute to the project, which shall be not less
than 10 percent of the total project cost.
``(c) Eligible Projects.--The following projects are
eligible to receive a grant under this section:
``(1) Installation, repair, or improvement, including
necessary acquisition of real property interests, of highway-
rail grade crossing separations.
``(2) Highway-rail grade crossing elimination incidental to
eligible grade crossing separation projects.
``(3) Project planning, development, and environmental work
related to a project described in paragraph (1) or (2).
``(d) Project Selection Criteria.--In awarding grants under
this section, the Secretary--
``(1) shall give priority to projects that maximize the
safety benefits of Federal funding;
``(2) shall give priority to projects that provide direct
benefits to socially disadvantaged individuals (as such term
is defined in section 22906(b)); and
``(3) may evaluate applications on the safety profile of
the existing crossing, 10-year history of accidents at such
crossing, inclusion of the proposed project on a State
highway-rail grade crossing action plan, average daily
vehicle traffic, total number of trains per day, average
daily number of crossing closures, the challenges of grade
crossings located near international borders, proximity to
established emergency evacuation routes, and proximity of
community resources, including schools, hospitals,
[[Page H3484]]
fire stations, police stations, and emergency medical service
facilities.
``(e) Federal Share of Total Project Costs.--
``(1) Total project costs.--The Secretary shall estimate
the total costs of a project under this section based on the
best available information, including any available
engineering studies, studies of economic feasibility,
environmental analysis, and information on the expected use
of equipment or facilities.
``(2) Federal share.--The Federal share for a project
carried out under this section shall not exceed 85 percent.
``(f) Grant Conditions.--An eligible entity may not receive
a grant for a project under this section unless such project
complies with section 22905.
``(g) Letters of Intent.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable, issue a letter of intent to a recipient
of a grant under this section that--
``(A) announces an intention to obligate for a project an
amount that is not more than the amount stipulated as the
financial participation of the Secretary for the project; and
``(B) states that the contingent commitment--
``(i) is not an obligation of the Federal Government; and
``(ii) is subject to the availability of appropriations for
grants under this section and subject to Federal laws in
force or enacted after the date of the contingent commitment.
``(2) Congressional notification.--
``(A) In general.--Not later than 3 days before issuing a
letter of intent under paragraph (1), the Secretary shall
submit written notification to--
``(i) the Committee on Transportation and Infrastructure of
the House of Representatives;
``(ii) the Committee on Appropriations of the House of
Representatives;
``(iii) the Committee on Appropriations of the Senate; and
``(iv) the Committee on Commerce, Science, and
Transportation of the Senate.
``(B) Contents.--The notification submitted under
subparagraph (A) shall include--
``(i) a copy of the letter of intent;
``(ii) the criteria used under subsection (d) for selecting
the project for a grant; and
``(iii) a description of how the project meets such
criteria.
``(h) Appropriations Required.--An obligation or contingent
commitment may be made under subsection (g) only after
amounts are appropriated for such purpose.
``(i) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a public agency or publicly chartered authority;
``(C) a metropolitan planning organization;
``(D) a political subdivision of a State; and
``(E) a Tribal government.
``(2) Metropolitan planning organization.--The term
`metropolitan planning organization' has the meaning given
such term in section 134(b) of title 23.
``(3) State.--The term `State' means a State of the United
States or the District of Columbia.''.
(b) Clerical Amendment.--The analysis for chapter 229 of
title 49, United States Code, as amended by this division, is
further amended by adding at the end the following:
``22912. Highway-rail grade crossing separation grants.''.
SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT.
Section 22907 of title 49, United States Code (as amended
by this Act), is further amended by adding at the end the
following new subsection:
``(o) Rail Safety Public Awareness Grants.--
``(1) Grant.--Of the amounts made available to carry out
this section, the Secretary shall make grants to nonprofit
organizations to carry out public information and education
programs to help prevent and reduce rail-related pedestrian,
motor vehicle, and other incidents, injuries, and fatalities,
and to improve awareness along railroad right-of-way and at
highway-rail grade crossings.
``(2) Selection.--Programs eligible for a grant under this
subsection--
``(A) shall include, as appropriate--
``(i) development, placement, and dissemination of public
service announcements in appropriate media;
``(ii) school presentations, driver and pedestrian safety
education, materials, and public awareness campaigns; and
``(iii) disseminating information to the public on how to
identify and report to the appropriate authorities--
``(I) unsafe or malfunctioning highway-rail grade crossings
and equipment; and
``(II) high-risk and unsafe behavior and trespassing around
railroad right-of-way; and
``(B) may include targeted and sustained outreach in
communities at greatest risk to develop measures to reduce
such risk.
``(3) Coordination.--Eligible entities shall coordinate
program activities with local communities, law enforcement
and emergency responders, and railroad carriers, as
appropriate, and ensure consistency with State highway-rail
grade crossing action plans required under section 11401(b)
of the FAST Act (49 U.S.C. 22501 note) and the report titled
`National Strategy to Prevent Trespassing on Railroad
Property' issued by the Federal Railroad Administration in
October 2018.
``(4) Prioritization.--In awarding grants under this
subsection, the Administrator shall give priority to
applications for programs that--
``(A) are nationally recognized;
``(B) are targeted at schools in close proximity to
railroad right-of-way;
``(C) partner with nearby railroad carriers; or
``(D) focus on communities with a recorded history of
repeated pedestrian and motor vehicle accidents, incidents,
injuries, and fatalities at highway-rail grade crossings and
along railroad right-of-way.
``(5) Applicability.--Section 22905 shall not apply to
contracts and agreements made under this subsection.''.
SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING
PUBLIC HIGHWAY-RAIL GRADE CROSSINGS.
(a) In General.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this division, is further
amended by adding at the end the following:
``Sec. 20173. Time limit for blocking public highway-rail
grade crossing
``(a) Time Limit.--A railroad carrier may not cause a
blocked crossing incident that is longer than 10 minutes in
duration, unless the blocked crossing incident is caused by--
``(1) a casualty or serious injury;
``(2) an accident;
``(3) a track obstruction;
``(4) actions necessary to comply with Federal rail safety
laws, regulations, or orders issued thereunder unless the
action to comply could reasonably occur at a different time
or location;
``(5) actions necessary to adhere to section 24308;
``(6) a train fully contained within rail yard limits or
fully contained in a rail siding;
``(7) an act of God; or
``(8) a derailment or a safety appliance equipment failure
that prevents the train from advancing.
``(b) Investigation of Frequently Blocked Crossings.--For
any public highway-rail grade crossing that has had 3 or more
blocked crossing incidents that exceed the time limit set
forth in subsection (a) and are reported to the blocked
crossing database, and such incidents have occurred on at
least 3 calendar days within a 30-day period, the Secretary
shall--
``(1) provide an electronic notice of the number of
reported blocked crossing incidents to the railroad carrier
that owns the public highway-rail grade crossing;
``(2) investigate the causes of the blocked crossing
incidents; and
``(3) investigate possible measures to reduce the frequency
and duration of blocked crossing incidents at such grade
crossing.
``(c) Recordkeeping.--
``(1) In general.--A railroad carrier shall, upon receiving
a notice under subsection (b), maintain train location data
records for the public highway-rail grade crossing that was
the subject of the notice.
``(2) Contents of records.--The train location data records
required under paragraph (1) shall include--
``(A) a list of all blocked crossing incidents at the
public highway-rail grade crossing that is the subject of the
report exceeding 10 minutes;
``(B) the cause of the blocked crossing incident (to the
extent available);
``(C) train length; and
``(D) the estimated duration of each blocked crossing
incident.
``(3) Consultation.--Beginning on the date on which a
railroad carrier receives a notice under subsection (b), the
Secretary may consult with the carrier for a period of 60
days to address concerns with blocked crossing incidents at
the public highway-rail grade crossing that is the subject of
the notice.
``(4) Expiration of data collection.--The requirement to
maintain records under paragraph (1) shall cease with respect
to a public highway-rail grade crossing noticed under
subsection (b)(2) if there are no reports submitted to the
blocked crossing database for blocked crossing incidents
reported to occur at such grade crossing during the previous
365 consecutive calendar days.
``(d) Civil Penalties.--
``(1) In general.--The Secretary may issue civil penalties
in accordance with section 21301 to railroad carriers for
violations of subsection (a) occurring 60 days after the date
of submission of a notice under subsection (b).
``(2) Release of records.--Upon the request of, and under
requirements set by, the Secretary, railroad carriers shall
provide the records maintained pursuant to subsection (c)(1)
to the Administrator of the Federal Railroad Administration.
``(3) Alternate route exemption.--Civil penalties may not
be issued for violations of subsection (a) that occur at a
public highway-rail grade crossing if an alternate route
created by a public highway-rail grade separation exists
within a half mile by road mileage of such public highway-
rail grade crossing.
``(4) Grade separation project.--Civil penalties may not be
issued for violations of subsection (a) if the violation
occurs at a public highway-rail grade crossing for which
there is a proposed grade separation project--
``(A) that has received written agreement from the relevant
local authorities; and
``(B) for which railroad carrier and project funding from
all parties has been budgeted.
``(5) Considerations.--In determining civil penalties under
this section, the Secretary shall consider increased
penalties in a case in which a pattern of the blocked
crossing incidents continue to cause delays to State or local
emergency services.
``(e) Application to Amtrak and Commuter Railroads.--This
section shall not apply to Amtrak or commuter authorities,
including Amtrak and commuter authorities' operations run or
dispatched by a Class I railroad.
``(f) Definitions.--In this section:
``(1) Blocked crossing database.--The term `blocked
crossing database' means the national blocked crossing
database established under section 20174.
``(2) Blocked crossing incident.--The term `blocked
crossing incident' means a circumstance in which a train,
locomotive, rail car,
[[Page H3485]]
or other rail equipment is stopped in a manner that obstructs
travel at a public highway-rail grade crossing.
``(3) Public highway-rail grade crossing.--The term `public
highway-rail grade crossing' means a location within a State
in which a public highway, road, or street, including
associated sidewalks and pathways, crosses 1 or more railroad
tracks at grade.''.
(b) Clerical Amendment.--The analysis for subchapter II of
chapter 201 of title 49, United States Code, is further
amended by adding at the end the following new item:
``20173. Time limit for blocking public highway-rail grade crossing.''.
SEC. 9554. NATIONAL BLOCKED CROSSING DATABASE.
(a) In General.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this division, is further
amended by adding at the end the following:
``Sec. 20174. National blocked crossing database
``(a) Database.--Not later than 45 days after the date of
enactment of the TRAIN Act, the Secretary of Transportation
shall establish a national blocked crossings database for the
public to report blocked crossing incidents.
``(b) Public Awareness.--Not later than 60 days after the
date of enactment of the TRAIN Act, the Secretary shall
require each railroad carrier to publish the active link to
report blocked crossing incidents on the website of the
national blocked crossings database described in subsection
(a) on the home page of the publicly-available website of the
railroad carrier.
``(c) Blocked Crossing Incident; Public Highway-rail Grade
Crossing.--In this section, the terms `blocked crossing
incident' and `public highway-rail grade crossing' have the
meanings given the terms in section 20173.''.
(b) Clerical Amendment.--The analysis for subchapter II of
chapter 201 of title 49, United States Code, is further
amended by adding at the end the following new item:
``20174. National blocked crossing database.''.
SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED CROSSING
MATTERS.
Section 20152 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C) by striking ``or'' at the end;
(ii) by redesignating subparagraph (D) as subparagraph (E);
and
(iii) by inserting the following after subparagraph (C):
``(D) blocked crossing incident, as defined in section
20173; or'';
(B) in paragraph (4)--
(i) by striking ``paragraph (1)(C) or (D)'' and inserting
``subparagraph (C), (D), or (E) of paragraph (1)''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (5) by striking the period at the end and
inserting a semicolon ; and
(D) by adding at the end the following:
``(6) upon receiving a report of a blocked crossing
pursuant to paragraph (1)(D), the railroad carrier shall,
within 14 days of receipt of the report--
``(A) verify that the public highway-rail grade crossing,
as defined in section 20173, was blocked for a period of at
least 10 minutes; and
``(B) upon positive verification of the report, enter the
report into the national blocked crossings database
established in section 20174; and
``(7) promptly inform the Secretary of any update to the
number maintained under paragraph (1).''; and
(2) by adding at the end the following:
``(c) Publication of Telephone Numbers.--The Secretary
shall make any telephone number established under subsection
(a) publicly available on the website of the Department of
Transportation.''.
SEC. 9556. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY REVIEW.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
expend such sums as are necessary to conduct a comprehensive
review of the national highway-rail crossing inventory of the
Department of Transportation established under section 20160
of title 49, United States Code.
(b) Contents.--In conducting the review required under
subsection (a), the Secretary shall--
(1) verify the accuracy of the geographical location data
contained in the inventory described in subsection (a) using
mapping technologies and other methods; and
(2) notify the relevant railroad and State agencies of the
erroneous data in the inventory and require such entities to
correct the erroneous data within 30 days of notification.
(c) State Reports.--The Secretary shall require State
agencies to ensure that any geographic data contained in the
inventory described in subsection (a) remains consistent with
any geographic data identified in biennial State reports
required under section 130 of title 23, United States Code.
(d) Report.--Not later than 120 days after the completion
of the review required under 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 a report summarizing the corrections made to the
inventory described in subsection (a) and the Secretary's
plans to ensure continued accuracy of such inventory.
SEC. 9557. RAILROAD TRESPASSING ENFORCEMENT GRANTS.
Section 22907 of title 49, United States Code, is further
amended by adding at the end the following:
``(p) Railroad Trespassing Enforcement Grants.--
``(1) In general.--Of the amounts made available under this
section, the Secretary may make grants to public law
enforcement agencies engaged in, or seeking to engage in,
suicide prevention efforts along railroad right-of-way to pay
wages of law enforcement personnel to patrol railroad right-
of-way located in communities at risk for rail trespassing
incidents and fatalities.
``(2) Prioritization.--In awarding grants under this
subsection, the Administrator shall give priority to
applications from entities that have jurisdiction within the
boundaries of the 10 States with the highest incidence of
rail trespass related casualties as reported in the previous
fiscal year, as reported by the National Rail Accident
Incident Reporting System.
``(3) Limitation.--The Secretary shall not award more than
3 annual grants under this subsection to the same entity.''.
SEC. 9558. RAILROAD TRESPASSING SUICIDE PREVENTION GRANTS.
Section 22907 of title 49, United States Code, is further
amended by adding at the end the following:
``(q) Railroad Trespassing Suicide Grants.--
``(1) In general.--Of the amounts made available to carry
out this section, the Secretary may make grants to eligible
entities to implement a public outreach campaign to reduce
the number of railroad suicides.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' means a nonprofit mental health
organization engaged in, or seeking to engage in, suicide
prevention efforts along railroad right-of-way in partnership
with a railroad carrier, as defined in section 20102.''.
SEC. 9559. INCLUDING RAILROAD SUICIDES.
(a) In General.--Not less than 180 days after the enactment
of this Act, the Secretary of Transportation shall revise any
regulations, guidance, or other relevant agency documents to
include the number of suicides on a railroad crossing or
railroad right-of-way in the total number of rail fatalities
the Secretary reports each year.
(b) Authority of the Secretary.--In carrying out subsection
(a), the Secretary may require Federal, State, and local
agencies, railroads, or other entities to submit such data as
necessary.
(c) Applicability of Rulemaking Requirements.--The
requirements of section 553 of title 5, United States Code,
shall not apply to the modification required by subsection
(a).
SEC. 9560. REPORT ON SAFETY MEASURES REQUIRED FOR QUIET
ZONES.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Railroad Administration
shall--
(1) submit to Congress a report on any supplementary safety
measures and alternative safety measures not contained in
part 222 of title 49, Code of Federal Regulations, that can
be used to qualify for a Quiet Zone or Partial Quiet Zone;
and
(2) include in the report submitted under paragraph (1)--
(A) a summary of the supplementary safety measures and
alternative safety measures for which a public authority has
requested approval from the Administrator to implement; and
(B) an explanation for why such requests were not granted.
TITLE VI--MISCELLANEOUS
SEC. 9601. RAIL NETWORK CLIMATE CHANGE VULNERABILITY
ASSESSMENT.
(a) In General.--The Secretary of Transportation shall seek
to enter into an agreement with the National Academies to
conduct an assessment of the potential impacts of climate
change on the national rail network.
(b) Assessment.--At a minimum, the assessment conducted
pursuant to subsection (a) shall--
(1) cover the entire freight, commuter, and intercity
passenger rail network of the United States;
(2) evaluate risk to the network over 5-, 30-, and 50-year
outlooks;
(3) examine and describe potential effects of climate
change and extreme weather events on passenger and freight
rail infrastructure, trackage, and facilities, including
facilities owned by rail shippers;
(4) identify and categorize the assets described in
paragraph (3) by vulnerability level and geographic area; and
(5) recommend strategies or measures to mitigate any
adverse impacts of climate change, including--
(A) emergency preparedness measures;
(B) resiliency best practices for infrastructure planning;
and
(C) coordination with State and local authorities.
(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 Commerce, Science,
and Transportation of the Senate a report containing the
findings of the assessment conducted pursuant to subsection
(a).
(d) Further Coordination.--The Secretary shall make the
report publicly available on the website of the Department of
Transportation and communicate the results of the assessment
with stakeholders.
(e) Regulatory Authority.--If the Secretary finds in the
report required under subsection (c) that regulatory measures
are warranted and such measures are otherwise under the
existing authority of the Secretary, the Secretary may issue
such regulations as are necessary to implement such measures.
(f) Funding.--From the amounts made available for fiscal
year 2022 under section 20117(b) of
[[Page H3486]]
title 49, United States Code, the Secretary shall expend not
less than $1,500,000 to carry out the study required under
subparagraph (a).
SEC. 9602. ADVANCE ACQUISITION.
(a) In General.--Chapter 242 of title 49, United States
Code, is amended by inserting the following after section
24202:
``SEC. 24203. ADVANCE ACQUISITION.
``(a) Rail Corridor Preservation.--The Secretary of
Transportation may assist a recipient of Federal financial
assistance provided by the Secretary for an intercity
passenger rail project in acquiring a right-of-way and
adjacent real property interests before or during the
completion of the environmental reviews for a project that
may use such property interests if the acquisition is
otherwise permitted under Federal law.
``(b) Certification.--Before authorizing advance
acquisition under this section, the Secretary shall verify
that--
``(1) the recipient has authority to acquire the real
property interest; and
``(2) the acquisition of the real property interest--
``(A) is for a transportation purpose;
``(B) will not cause significant adverse environmental
impact;
``(C) will not limit the choice of reasonable alternatives
for the proposed project or otherwise influence the decision
of the Secretary on any approval required for the project;
``(D) does not prevent the lead agency from making an
impartial decision as to whether to accept an alternative
that is being considered;
``(E) complies with other applicable Federal laws and
regulations; and
``(F) will not result in elimination or reduction of
benefits or assistance to a displaced person required by the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
``(c) Environmental Reviews.--
``(1) Completion of nepa review.--Before reimbursing or
approving the expenditure of Federal funding for an
acquisition of a real property interest, the Secretary shall
complete all review processes otherwise required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), section 4(f) of the Department of Transportation Act
of 1966 (49 U.S.C. 303), and section 106 of the National
Historic Preservation Act (16 U.S.C. 470f) with respect to
the acquisition.
``(2) Timing of development acquisition.--A real property
interest acquired under subsection (a) may not be developed
in anticipation of the proposed project until all required
environmental reviews for the project have been completed.
``(d) Inclusion in Non-Federal Share of Project Costs.--
Non-Federal funds used to acquire right-of-way and adjacent
real property interests under this section before or during
the environmental review, or before the award of a grant by
the Secretary, shall be included in determining the non-
Federal share of the costs of the underlying intercity
passenger rail project.
``(e) Savings Clause.--The advance acquisition process
described in this section--
``(1) is in addition to processes in effect on or before
the date of enactment of the TRAIN Act; and
``(2) does not affect--
``(A) any right of the recipient described in subsection
(a) to acquire property; or
``(B) any other environmental review process, program,
agreement, or funding arrangement related to the acquisition
of real property, in effect on the date of enactment of the
TRAIN Act.''.
(b) Clerical Amendment.--The analysis for chapter 242 of
title 49, United States Code, is amended by inserting after
the item relating to section 24202 the following new item:
``Sec. 24203. Advance acquisition.''.
SEC. 9603. UNIVERSITY RAIL CLIMATE INNOVATION INSTITUTE.
(a) In General.--Chapter 229 of title 49, United States
Code, is further amended by adding at the end the following:
``Sec. 22913. University Rail Climate Innovation Institute
``(a) Establishment.--The Secretary of Transportation may
make a grant to an institution of higher education to
establish a University Rail Climate Innovation Institute (in
this section referred to as the `Institute') for the research
and development of low- and zero-emission rail technologies.
Such grant agreement shall not exceed 5 years.
``(b) Eligible Applicants.--To be eligible for a grant
under the subsection (a), an institution of higher education
shall--
``(1) have an active research program to study the
development of low- and zero-emission rail technologies or be
able to demonstrate sufficient expertise in relevant rail
research and development;
``(2) enter into a cost-sharing agreement for purposes of
the Institute with a railroad or rail supplier; and
``(3) submit to the Secretary an application in such form,
at such time, and containing such information as the
Secretary may require.
``(c) Eligible Projects.--A recipient of this grant under
this section may carry out the research, design, development,
and demonstration of 1 or more of the following:
``(1) Hydrogen-powered locomotives and associated
locomotive technologies.
``(2) Battery-powered locomotives and associated locomotive
technologies.
``(3) Deployment of a revenue service testing and
demonstration program to accelerate commercial adoption of
low- or zero-emission locomotives.
``(4) Development or deployment of an operating prototype
low- or zero-emission locomotive.
``(5) Rail technologies that significantly reduce
greenhouse gas emissions, as determined appropriate by the
Secretary.
``(d) Buy America Applicability.--For purposes of
subsection (c)(4), the recipient shall be in compliance with
section 22905(a).
``(e) Funding Requirement.--The Federal share of the total
cost of the Institute shall not exceed 50 percent.
``(f) Considerations.--In selecting an applicant to receive
funding to establish the Institute, the Secretary shall
consider--
``(1) the extent to which the proposed activities maximize
greenhouse gas reductions;
``(2) the potential of the proposed activities to increase
the use of low- and zero- emission rail technologies among
the United States freight and passenger rail industry; and
``(3) the anticipated public benefits of the proposed
activities.
``(g) Consideration of HBCUs.--In selecting an institution
of higher education for a grant award under this section, the
Secretary shall consider historically black colleges and
universities, as such term is defined in section 371(a)of the
Higher Education Act of 1965 (2010 U.S.C. 1067q), and other
minority institutions, as such term is defined by section 365
of such Act (20 U.S.C. 1067k).
``(h) Notification.--
``(1) Notice.--Not less than 3 days before an applicant has
been selected, the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of the intention to award such a
grant.
``(2) Report.--The Institute shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Secretary an annual
report summarizing the activities undertaken by the Institute
on low- and zero-emission rail technologies.
``(i) Institution of Higher Education Defined.--In this
section, the term `institution of higher education' has the
meaning given such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).''.
(b) Clerical Amendment.--The analysis for chapter 229 of
title 49, United States Code, is further amended by adding at
the end the following:
``22913. University Rail Climate Innovation Institute.''.
SEC. 9604. WORKFORCE DIVERSITY AND DEVELOPMENT.
(a) In General.--The Secretary of Transportation shall
carry out at least one workforce development pilot program
with a railroad carrier.
(b) Types of Pilot Programs.--A workforce development pilot
program described in subsection (a) may be in the form of--
(1) an outreach program to increase employment
opportunities for socially disadvantaged individuals;
(2) the development of a partnership with high schools,
vocational schools, community colleges, or secondary
education institutions to address future workforce needs; and
(3) an apprenticeship program to train railroad employees
in needed skills.
(c) Apprenticeship.--In carrying out a workforce
development pilot program described in subsection (b)(3), the
Secretary shall partner with a railroad carrier providing
intercity rail passenger transportation.
(d) Report to Congress.--For a workforce development pilot
program carried out under this section, the Secretary shall
transmit 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--
(1) the activities carried out under the pilot program;
(2) the diversity of individuals participating in the pilot
program;
(3) an evaluation of the pilot program;
(4) employment outcomes, including job placement, job
retention, and wages, using performance metrics established
by the Secretary of Transportation, in consultation with the
Secretary of Labor, and consistent with performance
indicators used by programs under the Workforce Innovation
and Opportunity Act (29 U.S.C. 3101 et seq.), as applicable;
and
(5) any recommendations for increasing diversity in the
railroad workforce, addressing future workforce needs, or
enhancing workforce skills.
(e) Definition.--In this section:
(1) Intercity rail passenger transportation.--The term
``intercity rail passenger transportation'' has the meaning
given such term in section 24102 of title 49, United States
Code.
(2) Railroad carrier.--The term ``railroad carrier'' has
the meaning given such term in section 20102 of title 49,
United States Code.
(3) Socially disadvantaged individuals.--The term
``socially disadvantaged individuals'' has the meaning given
the term ``socially and economically disadvantaged
individuals'' in section 8(d) of the Small Business Act (15
U.S.C. 637(d)).
(f) Funding.--From the amounts made available under section
20117(b) of title 49, United States Code, the Secretary may
expend up to $1,300,000 for fiscal year 2022 and $1,300,000
for 2023 to carry out this section.
SEC. 9605. REQUIREMENTS FOR RAILROAD FREIGHT CARS ENTERING
SERVICE IN UNITED STATES.
(a) In General.--Chapter 207 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 20704. Requirements for railroad freight cars entering
service in United States
``(a) Definitions.--In this section, the following
definitions apply:
[[Page H3487]]
``(1) Component.--The term `component' means a part or
subassembly of a railroad freight car.
``(2) Control.--The term `control' means the power, whether
direct or indirect and whether or not exercised, through the
ownership of a majority or a dominant minority of the total
outstanding voting interest in an entity, representation on
the board of directors of an entity, proxy voting on the
board of directors of an entity, a special share in the
entity, a contractual arrangement with the entity, a formal
or informal arrangement to act in concert with an entity, or
any other means, to determine, direct, make decisions, or
cause decisions to be made for the entity.
``(3) Cost of sensitive technology.--The term `cost of
sensitive technology' means the aggregate cost of the
sensitive technology located on a railroad freight car.
``(4) Country of concern.--The term `country of concern'
means a country that--
``(A) is identified by the Department of Commerce as a
nonmarket economy country (as defined in section 771(18) of
the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date
of enactment of the TRAIN 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 foreign
country included on the priority watch list defined in
subsection (g)(3) 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).
``(5) Net cost.--The term `net cost' has the meaning given
the term in chapter 4 of the USMCA or any subsequent free
trade agreement between the United States, Mexico, and
Canada.
``(6) Qualified facility.--The term `qualified facility'
means a facility that is not owned or under the control of a
state-owned enterprise.
``(7) Qualified manufacturer.--The term `qualified
manufacturer' means a railroad freight car manufacturer that
is not owned or under the control of a state-owned
enterprise.
``(8) Railroad freight car.--The term `railroad freight
car' means a car designed to carry freight or railroad
personnel by rail, including--
``(A) box car;
``(B) refrigerator car;
``(C) ventilator car;
``(D) intermodal well car;
``(E) gondola car;
``(F) hopper car;
``(G) auto rack car;
``(H) flat car;
``(I) special car;
``(J) caboose car;
``(K) tank car; and
``(L) yard car.
``(9) Sensitive technology.--The term `sensitive
technology' means any device embedded with electronics,
software, sensors, or other connectivity, that enables the
device to connect to, collect data from, or exchange data
with another device, including--
``(A) onboard telematics;
``(B) remote monitoring software;
``(C) firmware;
``(D) analytics;
``(E) GPS satellite and cellular location tracking systems;
``(F) event status sensors;
``(G) predictive component condition and performance
monitoring sensors; and
``(H) similar sensitive technologies embedded into freight
railcar components and subassemblies.
``(10) State-owned enterprise.--The term `state-owned
enterprise' means--
``(A) an entity that is owned by, or under the control of,
a national, provincial, or local government of a country of
concern, or an agency of such government; or
``(B) an individual acting under the direction or influence
of a government or agency described in subparagraph (A).
``(11) Substantially transformed.--The term `substantially
transformed' means a component of a railroad freight car that
undergoes an applicable change in tariff classification as a
result of the manufacturing process, as described in chapter
4 and related Annexes of the USMCA or any subsequent free
trade agreement between the United States, Mexico, and
Canada.
``(12) USMCA.--The term `USMCA' has the meaning given the
term in section 3 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4502).
``(b) Requirements for Railroad Freight Cars Entering
Service in the United States.--
``(1) Limitation on railroad freight cars.--A railroad
freight car wholly manufactured on or after the date that is
1 year after the date of enactment of the TRAIN Act, may only
operate on the United States freight railroad interchange
system if--
``(A) the railroad freight car is manufactured, assembled,
and substantially transformed, as applicable, by a qualified
manufacturer in a qualified facility;
``(B) none of the sensitive technology located on the
railroad freight car, including components necessary to the
functionality of the sensitive technology, originates from a
country of concern or is sourced from state-owned enterprise;
and
``(C) none of the content of the railroad freight car,
excluding sensitive technology, originates from a country of
concern or is sourced from a state-owned enterprise that has
been determined by a recognized court or administrative
agency of competent jurisdiction and legal authority to have
violated or infringed valid United States intellectual
property rights of another including such a finding by a
Federal district court under title 35 or the U.S.
International Trade Commission under section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337).
``(2) Limitation on railroad freight car content.--
``(A) Percentage limitation.--Not later than 12 months
after the date of enactment of the TRAIN Act, a railroad
freight car manufactured may operate on the United States
freight railroad interchange system only if--
``(i) not more than 20 percent of the content of the
railroad freight car, calculated by the net cost of all
components of the car and excluding the cost of sensitive
technology, originates from a country of concern or is
sourced from a state-owned enterprise; and
``(ii) not later than 24 months after the date of enactment
of the TRAIN Act, the percentage described in clause (i)
shall be no more than 15 percent.
``(B) Conflict.--The percentages specified in this
paragraph apply notwithstanding any apparent conflict with
provisions of chapter 4 of the USMCA.
``(c) Regulations and Penalties.--
``(1) Regulations required.--Not later than 1 year after
the date of enactment of the TRAIN Act, the Secretary of
Transportation shall issue such regulations as are necessary
to carry out this section, including for the monitoring,
enforcement, and sensitive technology requirements of this
section.
``(2) Certification required.--To be eligible to provide a
railroad freight car for operation on the United States
freight railroad interchange system, the manufacturer of such
car shall certify to the Secretary annually that any railroad
freight cars to be so provided meet the requirements of this
section.
``(3) Compliance.--
``(A) Valid certification required.--At the time a railroad
freight car begins operation on the United States freight
railroad interchange system, the manufacturer of such
railroad freight car shall have valid certification describe
under paragraph (2) for the year in which such car begins
operation.
``(B) Registration of noncompliant cars prohibited.--A
railroad freight car manufacturer may not register, or cause
to be registered, a railroad freight car that does not comply
with the requirements of this section in the Association of
American Railroad's Umler system.
``(4) Civil penalties.--
``(A) In general.--A railroad freight car manufacturer that
has manufactured a railroad freight car for operation on the
United States freight railroad interchange system that the
Secretary of Transportation determines, after written notice
and an opportunity for a hearing, has violated this section
is liable to the United States Government for a civil penalty
of at least $100,000 but not more than $250,000 for each
violation for each railroad freight car.
``(B) Prohibition for violations.--The Secretary of
Transportation may prohibit a railroad freight car
manufacturer with respect to which the Secretary has assessed
more than 3 violations under subparagraph (A) from providing
additional railroad freight cars for operation on the United
States freight railroad interchange system until the
Secretary determines--
``(i) such manufacturer is in compliance with this section;
and
``(ii) all civil penalties assessed to such manufacturer
under subparagraph (A) have been paid in full.''.
(b) Clerical Amendment.--The analysis for chapter 207 of
title 49, United States Code, is amended by adding at the end
the following:
``20704. Requirements for railroad freight cars entering service in
United States.''.
SEC. 9606. RAIL RESEARCH AND DEVELOPMENT CENTER OF
EXCELLENCE.
Section 20108 of title 49, United States Code, is amended
by adding at the end the following:
``(d) Rail Research and Development Center of Excellence.--
``(1) Center of excellence.--The Secretary may provide a
grant to an entity described in paragraph (2) to establish a
Center of Excellence to advance research and development that
improves the safety, efficiency, and reliability of passenger
and freight rail transportation.
``(2) Eligibility.--An institution of higher education (as
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) or a consortium of nonprofit institutions
of higher education shall be eligible to receive a grant
under this subsection.
``(3) Selection criteria.--In awarding a grant under this
subsection, the Secretary may--
``(A) give preference to an applicant with strong past
performance related to rail research, education, and
workforce development activities;
``(B) consider the extent to which the applicant would
involve public passenger and private and public freight
railroad operators; and
``(C) consider the regional and national impacts of the
applicant's proposal.
``(4) Use of funds.--Amounts awarded under this subsection
may be used to establish and operate the Center of Excellence
described in paragraph (1) and for research, evaluation,
education, and workforce development and training efforts
related to safety, environmental sustainability, and
reliability of rail transportation, including--
``(A) rolling stock;
``(B) positive train control;
``(C) human factors, systems design, or fatigue;
``(D) rail infrastructure;
``(E) shared corridors;
``(F) grade crossings;
``(G) rail systems maintenance;
``(H) network resiliency;
``(I) programs to train railroad workers in needed skills;
and
``(J) the development of programs or partnerships to raise
awareness of railroad employment opportunities, in
coordination with the Federal Railroad Administration.
[[Page H3488]]
``(5) Federal share.--The Federal share of the cost of an
activity carried out with a grant under this subsection shall
be 50 percent.''.
SEC. 9607. FREIGHT RAILROAD LOCOMOTIVE REQUIREMENTS.
(a) Requirements for Class I Locomotives.--A Class I
railroad may only operate a locomotive on the freight
railroad interchange system on or after January 1, 2030, if--
(1) the locomotive was manufactured on or after January 1,
2008;
(2) the primary NOx and PM emissions on the
Environmental Protection Agency certificate of conformity for
the locomotive are equal to or cleaner than the cleanest
available locomotive; or
(3) the locomotive has not exceeded a total of 89,100 MWhs
of operation since its original engine build date.
(b) Certification Required.--To be eligible to own or
operate a locomotive covered by subsection (a) on the United
States freight railroad interchange system on or after
January 1, 2030, a Class I railroad shall certify to the
Secretary of Transportation that such locomotive meets the
requirements of this section.
(c) Effectuation.--The Secretary is authorized to issue
such regulations as are necessary to carry out this section.
(d) Definitions.--In this section:
(1) Certificate of conformity.--The term ``certificate of
conformity'' means the document that the Environmental
Protection Agency issues to an engine manufacturer to certify
that an engine class conforms to Environmental Protection
Agency requirements.
(2) Cleanest available locomotive.--The term ``cleanest
available locomotive'' means the strictest standard set by
the Environmental Protection Agency for the applicable
locomotive under section 213 of the Clean Air Act (42 U.S.C.
7547).
SEC. 9608. EXTENSION.
Section 1246 of the Disaster Recovery Reform Act of 2018 is
amended--
(1) by striking ``3 years'' and inserting ``4\1/2\ years'';
and
(2) by inserting ``and every 3 months thereafter,'' before
``the Administrator shall''.
DIVISION E--SPORT FISH RESTORATION, RECREATIONAL BOATING SAFETY, AND
WILDLIFE RESTORATION
SEC. 9701. SHORT TITLE.
This division may be cited as the ``Sport Fish Restoration,
Recreational Boating Safety, and Wildlife Restoration Act of
2021''.
SEC. 9702. DIVISION OF ANNUAL APPROPRIATIONS.
(a) In General.--Section 4 of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777c) is amended--
(1) in subsection (a), by striking ``2021'' and inserting
``2026'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``2021'' and inserting
``2026''; and
(ii) by amending subparagraph (B) to read as follows--
``(B) Available amounts.--The available amount referred to
in subparagraph (A) is--
``(i) for fiscal year 2022, $12,786,434, adjusted for
inflation as described in clause (ii)(II)(bb); and
``(ii) for fiscal year 2023, and each fiscal year
thereafter, the sum of--
``(I) the available amount for the preceding fiscal year;
and
``(II) the amount determined by multiplying--
``(aa) the available amount for the preceding fiscal year;
and
``(bb) the change, relative to the preceding fiscal year,
in the Consumer Price Index for All Urban Consumers published
by the Department of Labor.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``2016 through 2021''
and inserting ``2022 through 2026''; and
(ii) by amending subparagraph (B) to read as follows--
``(B) Available amounts.--The available amount referred to
in subparagraph (A) is--
``(i) for fiscal year 2022, $8,988,700; and
``(ii) for fiscal year 2023, and each fiscal year
thereafter, the sum of--
``(I) the available amount for the preceding fiscal year;
and
``(II) the amount determined by multiplying--
``(aa) the available amount for the preceding fiscal year;
and
``(bb) the change, relative to the preceding fiscal year,
in the Consumer Price Index for All Urban Consumers published
by the Department of Labor.''; and
(3) in subsection (e)(2), by striking ``$900,000'' and
inserting ``$1,300,000''.
(b) Administration.--Section 9(a) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777h(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``on a full-time basis''; and
(B) by inserting ``for work hours the employee spends
directly administering this Act, as such hours are certified
by the supervisor of the employee'' after ``administer this
Act'';
(2) by striking paragraph (2) and redesignating paragraphs
(3) through (12) as paragraphs (2) through (11),
respectively;
(3) by striking ``paragraphs (1) and (2)'' and inserting
``paragraph (1)'' each place it appears;
(4) in paragraph (7), as so redesignated, by striking
``full-time'';
(5) in paragraph (8)(A), as so redesignated, by striking
``on a full-time basis'';
(6) in paragraph (9), as so redesignated, by striking ``on
a full-time basis''; and
(7) in paragraph (10), as so redesignated--
(A) by inserting ``or a part-time basis'' after ``on a
full-time basis''; and
(B) by inserting ``, provided that the percentage of
relocation expenses paid with funds under this chapter do not
exceed the percentage of work hours the employee spends
administering this Act'' after ``at which the relocation
expenses are incurred''.
(c) Other Activities.--Section 14(e) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777m(e)) is amended by
adding at the end the following:
``(3) A portion, as determined by the Sport Fishing and
Boating Partnership Council, of funds disbursed for the
purposes described in paragraph (2) but remaining unobligated
prior to fiscal year 2021 shall be used to study--
``(A) the impact of derelict recreational vessels on
recreational boating safety and recreational fishing; and
``(B) identify options and methods for recycling for
recreational vessels.''.
SEC. 9703. RECREATIONAL BOATING ACCESS.
(a) In General.--The Comptroller General of the United
States shall conduct a study on recreational boating access.
In carrying out such study, the Comptroller General shall
consult with the Sport Fishing and Boating Partnership
Council and the National Boating Safety Advisory Council on
the design, scope, and priorities of such study.
(b) Contents.--To the extent practicable, the study
required under subsection (a) shall contain a description
of--
(1) the use of nonmotorized vessels in each State and how
the increased use of nonmotorized vessels is impacting
motorized and nonmotorized vessel access to waterway entry
points;
(2) recreational fishing and boating user conflicts
concerning motorized and nonmotorized vessels at waterway
access points; and
(3) the use of funds provided under the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777 et seq.) for--
(A) the sport fish restoration program to improve
nonmotorized vessel access at waterway entry points and the
reasons for providing such access; and
(B) the Recreational Boating Safety Program funds for
nonmotorized boating safety programs.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Sport Fishing and Boating Partnership Council, the
Committees on Natural Resources and Transportation and
Infrastructure of the House of Representatives, and the
Committees on Commerce, Science, and Transportation and
Environment and Public Works of the Senate a report
containing the study required under this section.
(d) State Defined.--In this section, the term ``State''
means any State, the District of Columbia, the Commonwealths
of Puerto Rico and the Northern Mariana Islands, and the
territories of Guam, the U.S. Virgin Islands, and American
Samoa.
SEC. 9704. WILDLIFE RESTORATION FUND ADMINISTRATION.
(a) Allocation and Apportionment of Available Amounts.--
Section 4 of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669c), is amended--
(1) in subsection (a)(1)(B)--
(A) in clause (i) by striking ``for each of fiscal years
2001 and 2002, $9,000,000;'' and inserting the following:
``for fiscal year 2022, $12,786,434, adjusted for inflation
as described in clause (ii)(II)(bb);''; and
(B) by striking clauses (ii) and (iii) and inserting the
following:
``(ii) for fiscal year 2023, and each fiscal year
thereafter, the sum of--
``(I) the available amount for the preceding fiscal year;
and
``(II) the amount determined by multiplying--
``(aa) the available amount for the preceding fiscal year;
and
``(bb) the change, relative to the preceding fiscal year,
in the Consumer Price Index for All Urban Consumers published
by the Department of Labor.''; and
(2) in subsection (a)(2)(A) by striking ``the end of the
fiscal year'' and inserting ``the end of the subsequent
fiscal year''.
(b) Authorized Expenses for Administration.--Section 9(a)
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669h(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``on a full-time basis''; and
(B) by inserting ``for the work hours the employee spends
directly administering this Act, as such hours are certified
by the supervisor of the employee'' after ``administer this
Act'';
(2) by striking ``paragraphs (1) and (2)'' and inserting
``paragraph (1)'' each place it appears;
(3) by striking paragraph (2) and redesignating paragraphs
(3) through (12) as paragraphs (2) through (11),
respectively;
(4) in paragraph (7), as so redesignated, by striking
``full-time'';
(5) in paragraph (8)(A), as so redesignated, by striking
``on a full-time basis'';
(6) in paragraph (9), as so redesignated, by striking ``on
a full-time basis''; and
(7) in paragraph (10), as so redesignated--
(A) by inserting ``or a part-time basis'' after ``on a
full-time basis''; and
(B) by inserting ``, provided that the percentage of
relocation expenses paid with funds under this chapter do not
exceed the percentage of work hours the employee spends
administering this Act'' after ``at which the relocation
expenses are incurred''.
SEC. 9705. SPORT FISH RESTORATION AND BOATING TRUST FUND.
Section 13107(c)(2) of title 46, United States Code, is
amended by striking ``No funds available'' and inserting ``On
or after October 1, 2023, no funds available''.
SEC. 9706. SPORT FISHING AND BOATING PARTNERSHIP COUNCIL.
The Sport Fishing and Boating Partnership Council
established by the Secretary of the Interior shall be a
Federal advisory committee of
[[Page H3489]]
both the Department of the Interior and the Department of
Commerce, and the secretaries of Interior and Commerce shall
jointly carry out the requirements of the Federal Advisory
Committee Act with respect to the Sport Fishing and Boating
Partnership Council.
DIVISION F--AUTO SAFETY
SEC. 10101. SAFETY WARNING FOR OCCUPANTS OF HOT CARS.
(a) Occupant Safety.--
(1) In general.--Subchapter II of chapter 301 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 30129. Occupant safety
``(a) Definitions.--In this section:
``(1) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given that term in section 32101.
``(2) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(b) Rulemaking.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue a final
rule prescribing a motor vehicle safety standard that
requires all new passenger motor vehicles with a gross
vehicle weight rating of 10,000 pounds or less to be equipped
with a system that detects the presence of an unattended
occupant in the passenger compartment of the vehicle and
engages a warning to reduce death and injury resulting from
vehicular heatstroke, particularly incidents involving
children.
``(c) Limitation on Capability of Being Disabled.--The
motor vehicle safety standard prescribed under subsection (b)
shall require that the system described in that subsection
cannot be disabled, overridden, reset, or recalibrated in
such a way that the system will no longer detect the presence
of an unattended occupant in the passenger compartment of the
vehicle and engage a warning.
``(d) Means.--
``(1) In general.--The warning required under the motor
vehicle safety standard prescribed under subsection (b) shall
include a distinct auditory and visual warning to notify
individuals inside and outside of the vehicle of the presence
of an unattended occupant, which shall be combined with an
interior haptic warning.
``(2) Consideration.--In developing such warning, the
Secretary shall also consider including a secondary
additional warning to--
``(A) notify--
``(i) operators that are not in close proximity to the
vehicle;
``(ii) emergency responders; and
``(B) provide the geographical location of the vehicle in a
manner that allows for an emergency response.
``(e) Compliance Deadline.--The rule issued pursuant to
subsection (b) shall require full compliance with the motor
vehicle safety standard prescribed in the rule not later than
2 years after the date on which the final rule is issued.''.
(2) Clerical amendment.--The table of sections for
subchapter II of chapter 301 of title 49, United States Code,
is amended by adding at the end the following new item:
``30129. Occupant safety.''.
(b) Study.--
(1) Independent study.--
(A) Contract.--Not later than 90 days after the date on
which a final rule is issued pursuant to section 30129(b) of
title 49, United States Code, as added by subsection (a)(1),
and every two years thereafter, the Secretary shall enter
into a contract with an independent third party to conduct
the study described under subparagraph (B).
(B) Study.--
(i) In general.--Under the contract between the Secretary
and an independent third party under subparagraph (A), the
independent third party shall carry out a study on
retrofitting passenger motor vehicles introduced into
interstate commerce before the effective date of the rule
required pursuant to section 30129(b) of title 49, United
States Code, as added by subsection (a)(1), with technologies
and products that meet the safety need addressed by the motor
vehicle safety standard prescribed under such section.
(ii) Elements.--In carrying out the study required under
clause (i), the independent third party shall--
(I) identify technologies and products--
(aa) manufactured for use in passenger motor vehicles
introduced into interstate commerce before the effective date
of the rule required by section 30129(b) of title 49, United
States Code, as added by subsection (a)(1); and
(bb) that reduce death and injury resulting from vehicular
heatstroke, particularly incidents involving children; and
(II) make recommendations for manufacturers of such
technologies and products to undergo a functional safety
performance assessment to ensure that the technologies and
products perform as designed by the manufacturer under a
variety of real-world conditions.
(2) Publication; public comment.--Not later than 2 years
after the date on which the Secretary enters into a contract
pursuant to paragraph (1)(A), and every two years thereafter,
the Secretary shall--
(A) publish the study required under paragraph (1)(B) in
the Federal Register; and
(B) provide a period for public comment of not longer than
90 days after the date on which the study is published
pursuant to subparagraph (A).
(3) Consumer information.--Not later than 120 days after
expiration of the public comment period described under
paragraph (2)(B) and upon review of the public comments, the
Secretary shall provide information for consumers through the
website of the National Highway Traffic Safety Administration
on the performance of the technologies and products described
in paragraph (1)(B)(ii) to retrofit existing vehicles.
(4) Submission to congress.--Upon issuance of the
recommendations required under paragraph (1)(B), the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives the study and
recommendations required by paragraph (1)(B), including any
public comment received under paragraph (2)(B).
(5) Definitions.--In this subsection:
(A) Child restraint system.--The term ``child restraint
system'' has the meaning given that term in section 571.213
of title 49, Code of Federal Regulations (or any successor
regulation).
(B) Independent third party.--The term ``independent third
party'' means a person that does not receive any direct
financial assistance from a manufacturer (as defined in
section 30102 of title 49, Code of Federal Regulations (or
any successor regulation)) that produces or supplies--
(i) equipment for the systems mandated in such section
30129; or
(ii) child restraint systems.
(C) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given that term in section 32101 of
title 49, United States Code.
(D) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 10102. RULEMAKING TO INSTALL AUTOMATIC SHUTOFF SYSTEMS
AND ROLLAWAY PREVENTION TECHNOLOGY IN MOTOR
VEHICLES.
(a) Definitions.--In this section:
(1) Electric vehicle.--The term ``electric vehicle''--
(A) means a vehicle that does not include an engine and is
powered solely by an external source of electricity, solar
power, or both;
(B) does not include an electric hybrid vehicle that uses a
chemical fuel such as gasoline or diesel fuel.
(2) Key.--The term ``key'' has the meaning given the term
in section 571.114 of title 49, Code of Federal Regulations
(or successor regulations).
(3) Manufacturer.--The term ``manufacturer'' has the
meaning given the term in section 30102(a) of title 49,
United States Code.
(4) Motor vehicle.--
(A) In general.--The term ``motor vehicle'' has the meaning
given the term in section 30102(a) of title 49, United States
Code.
(B) Exclusions.--The term ``motor vehicle'' does not
include--
(i) a motorcycle or trailer (as those terms are defined in
section 571.3 of title 49, Code of Federal Regulations) (or
successor regulations);
(ii) any motor vehicle that is rated at more than 10,000
pounds gross vehicular weight; or
(iii) for purposes of subsection (b), a battery electric
vehicle.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Automatic Shutoff Systems for Motor Vehicles.--
(1) Final rule.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a final rule
amending section 571.114 of title 49, Code of Federal
Regulations (relating to Federal Motor Vehicle Safety
Standard Number 114), to require manufacturers to install in
each motor vehicle equipped with a keyless ignition device
and an internal combustion engine technology to automatically
shut off the motor vehicle after the motor vehicle has idled
for the period designated under subparagraph (B).
(B) Period described.--
(i) In general.--The period referred to in subparagraph (A)
is the period designated by the Secretary as necessary to
prevent carbon monoxide poisoning.
(ii) Different periods.--The Secretary may designate
different periods under clause (i) for different types of
motor vehicles, depending on the rate at which the motor
vehicle emits carbon monoxide, if--
(I) the Secretary determines a different period is
necessary for a type of motor vehicle for purposes of section
30111 of title 49, United States Code; and
(II) requiring a different period for a type of motor
vehicle is consistent with the prevention of carbon monoxide
poisoning.
(2) Deadline.--The rule under paragraph (1) shall become
effective not later than 2 years after the date on which the
Secretary issues such rule.
(c) Preventing Motor Vehicles From Rolling Away.--
(1) Requirement.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a final rule
amending part 571 of title 49, Code of Federal Regulations,
to require manufacturers to install technology to prevent
movement of motor vehicles equipped with keyless ignition
devices and automatic transmissions if--
(A) the transmission of the motor vehicle is not in the
park setting;
(B) the motor vehicle does not exceed the speed determined
by the Secretary under paragraph (2);
(C) the seat belt of the operator of the motor vehicle is
unbuckled;
(D) the service brake of the motor vehicle is not engaged;
and
(E) the door for the operator of the motor vehicle is open.
(2) Determination.--The Secretary shall determine the
maximum speed at which a motor vehicle may be safely locked
in place under the conditions described in subparagraphs (A),
(C), (D), and (E) of paragraph (1) to prevent vehicle
rollaways.
(3) Deadline.--The rule under paragraph (1) shall become
effective not later than 2 years after the date on which the
Secretary issues such rule.
[[Page H3490]]
SEC. 10103. 21ST CENTURY SMART CARS.
(a) Crash Avoidance Rulemaking.--
(1) In general.--Subchapter II of chapter 301 of title 49,
United States Code, as amended by section 10101(a)(1), is
further amended by adding at the end the following new
section:
``Sec. 30130. Crash avoidance rulemaking
``(a) In General.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue final
rules prescribing motor vehicle safety standards that--
``(1) establish minimum performance requirements for the
crash avoidance systems described in subsection (b); and
``(2) require all new passenger motor vehicles manufactured
for sale in the United States, introduced or delivered for
introduction in interstate commerce, or imported into the
United States to be equipped with the crash avoidance systems
described in subsection (b).
``(b) Crash Avoidance Systems.--The Secretary shall issue
motor vehicle safety standards for each of the following
crash avoidance systems--
``(1) forward collision warning and automatic emergency
braking that detects potential collisions with vehicles,
objects, pedestrians, bicyclists, and other vulnerable road
users while the vehicle is traveling forward, provides a
warning to the driver, and automatically applies the brakes
to avoid or mitigate the severity of a collision;
``(2) rear automatic emergency braking that detects a
potential collision with vehicles, objects, pedestrians,
bicyclists, and other vulnerable roads user while a vehicle
is traveling in reverse and automatically applies the brakes
to avoid or mitigate the severity of a collision;
``(3) rear cross traffic warning that detects vehicles,
objects, pedestrians, bicyclists, and other vulnerable road
users approaching from the side and rear of a vehicle as it
travels in reverse and alerts the driver;
``(4) lane departure warning that monitors a vehicle's
position in its lane and alerts the driver as the vehicle
approaches or crosses lane markers; and
``(5) blind spot warning that detects a vehicle,
pedestrian, bicyclist , and other vulnerable road user to the
side or rear of a vehicle and alerts the driver to their
presence, including when a driver attempts to change the
course of travel toward another vehicle or road user in the
blind zone of the vehicle.
``(c) Considerations.--In prescribing the motor vehicle
safety standards required in subsection (a), the Secretary
shall require that the crash avoidance systems--
``(1) perform effectively at speeds for which a passenger
motor vehicle is designed to operate, including on city
streets and highways; and
``(2) include self-diagnostic capability and warning when
inoperable.
``(d) Compliance Date.--The compliance date of the
standards prescribed under subsection (a) shall not exceed
more than 2 years from the date final rules are issued.
``(e) Rulemaking on Point of Sale Information.--Not later
than 18 months after the date of enactment of this section,
the Secretary shall issue a final rule to require clear and
concise information about the capabilities and limitations of
advanced crash avoidance systems described in subsection (b)
to be provided to a consumer at the point of sale and in the
vehicle owner's manual, including a publicly accessible
electronic owner's manual.
``(f) Headlamps.--
``(1) Final rule.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue a final
rule amending section 571.108 of title 49, Code of Federal
Regulations to--
``(A) improve illumination of the roadway;
``(B) prevent glare;
``(C) establish minimum performance standards for--
``(i) semi-automatic headlamp beam switching;
``(ii) curve adaptive headlamps; and
``(iii) adaptive driving beam headlamp technology.
``(2) Compliance date.--The compliance date of the revised
standard prescribed under paragraph (1) shall not exceed more
than 2 years from the effective date.
``(3) Final rulemaking required.--Not later than 1 year
after the date of enactment of this section, the Secretary
shall finalize the Rulemaking (83 Fed. Reg. 51766) to permit
the certification of adaptive driving beam headlighting
systems.
``(g) Definitions.--In this section:
``(1) Crash avoidance.--The term `crash avoidance' has the
meaning given to that term in section 32301.
``(2) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given to that term in section
32101.''.
(2) Conforming amendment.--The table of sections for
subchapter II of chapter 301 of title 49, United States Code,
as amended by section 10101(a)(2), is further amended by
adding at the end the following new item:
``30130. Crash avoidance rulemaking.''.
(b) Research of Advanced Crash Systems.--
(1) In general.--Subchapter II of chapter 301 of title 49,
United States Code, as amended by section 10101(a)(1) and
subsection (a)(1), is further amended by adding at the end
the following new section:
``Sec. 30131. Advanced crash systems research and consumer
education
``(a) Advanced Crash Systems Research.--
``(1) Research required.--Not later than 2 years after the
date of enactment of this section, the Secretary shall
complete research into the following:
``(A) Direct driver monitoring systems that will minimize
driver disengagement, driver distraction, prevent automation
complacency, and foreseeable misuse of vehicle automation.
``(B) Lane keeping assistance that assists with steering to
keep a vehicle within its driving lane.
``(C) Automatic collision notification systems that--
``(i) notify emergency responders that a crash has occurred
and provide the geographical location of the vehicle and
crash data in a manner that allows for assessment of
potential injuries and emergency response; and
``(ii) transfer to the Secretary anonymized automatic crash
data for the purposes of safety research and statistical
analysis.
``(D) Intelligent Speed Assist that--
``(i) determines the applicable speed limit where the
vehicle is operating; and
``(ii) alerts the driver to the current speed limit and
discourages exceeding that limit.
``(2) Requirements.--In conducting the research required
under subsection (a), the Secretary shall--
``(A) develop one or more tests to evaluate the performance
of the systems;
``(B) determine criteria that would be reasonable and
practicable at evaluating the performance of the systems; and
``(C) determine fail, pass, or advanced pass criteria to
assure the systems are performing their intended function.
``(3) Report.--The Secretary shall submit a report
detailing findings from the research required under
subsection (a) to the House Energy and Commerce Committee and
the Senate Commerce, Science, and Transportation Committee
not later than 3 years after the date of enactment of this
Act.
``(4) Rulemaking.--Not later than 4 years after the date of
enactment of this section, the Secretary shall issue final
rules to establish motor vehicle safety standards for the
advanced crash systems described in this subsection and to
require all new passenger motor vehicles manufactured for
sale in the United States, introduced or delivered for
introduction in interstate commerce, or imported into the
United States produced after the compliance date of such
standards to be equipped with advanced crash avoidance
systems described in this subsection.
``(5) Lead-time.--The compliance date of the standards
prescribed under this section shall not exceed more than 2
model years from the date a motor vehicle safety standard is
finalized.
``(6) Crash data.--If the Secretary makes a determination
that establishing a motor vehicle safety standard described
in paragraph (1)(C)(ii) 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--
``(A) shall submit a report describing the reasons for
reaching such a determination to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation in the Senate; and
``(B) may not issue such a standard.
``(b) Definitions.--In this section:
``(1) Crash avoidance.--The term `crash avoidance' has the
meaning given to that term in section 32301.
``(2) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given to that term in section
32101.''.
(2) Conforming amendment.--The table of sections for
subchapter II of chapter 301 of title 49, United States Code,
as amended by section 10101(a)(2) and subsection (a)(2), is
further amended by adding at the end the following new item:
``30131. Advanced crash systems research and consumer education.''.
SEC. 10104. UPDATING THE 5-STAR SAFETY RATING SYSTEM.
(a) In General.--Section 32302 of title 49, United States
Code, is amended--
(1) by striking subsection (c);
(2) by redesignating subsection (d) as subsection (c); and
(3) by adding at the end the following:
``(d) Roadmap.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this subsection, and every 2 years
thereafter, the Secretary shall publish a clear and concise
report on a publicly accessible website detailing efforts
over the next 5-year period to improve the passenger motor
vehicle information developed under subsection (a).
``(2) Elements.--The report required under paragraph (1)
shall include--
``(A) descriptions of actions that will be taken to update
the passenger motor vehicle information developed under
subsection (a), including the development of test procedures,
test devices, and safety performance criteria;
``(B) key milestones, including the anticipated start of an
action, completion of an action, and effective date of an
update; and
``(C) descriptions of how an update will improve the
passenger motor vehicle information developed under
subsection (a).
``(3) Requirements.--In developing and implementing the
report required under paragraph (1), the Secretary shall--
``(A) identify and prioritize features and systems that
meet a known safety need and for which objective and
appropriate tests and evaluation criteria exist or can be
developed;
``(B) when reasonable and in the interest of reducing
crashes and deaths and injuries resulting from crashes,
harmonize the passenger motor vehicle information developed
under subsection (a) with other safety information programs,
including those administered internationally or by private
organizations, that provide comparisons of safety
characteristics of passenger motor vehicles; and
``(C) establish objective criteria for the selection of
safety features and systems to be tested.
``(4) Public comment.--The Secretary shall provide for a
period of public comment and review in developing the report
required under paragraph (1).
[[Page H3491]]
``(e) Initial Updates to the 5-star Safety Rating System.--
``(1) Crash avoidance.--Not later than 1 year after the
date of the enactment of this subsection, the Secretary shall
implement, in the passenger motor vehicle information program
under subsection (a), updated or new, as applicable, crash
avoidance tests, which shall include tests of forward
automatic emergency braking, lane departure warning, blind
spot warning, rear cross traffic warning, and rear automatic
emergency braking.
``(2) Vulnerable road user safety.--Not later than 1 year
after the date of the enactment of this subsection, the
Secretary shall implement, in the passenger motor vehicle
information program under subsection (a), crash avoidance
tests that assess the prevention or mitigation of crashes
between a passenger motor vehicle and a pedestrian,
bicyclist, or other vulnerable road user, which shall include
tests of forward automatic emergency braking and rear
automatic emergency braking.
``(3) New and updated 5-star safety ratings.--Not later
than 1 year after the date of the enactment of this
subsection, the Secretary shall--
``(A) establish separate 5-star safety ratings for--
``(i) crash avoidance, which shall incorporate the tests
implemented under paragraph (1); and
``(ii) pedestrian, bicyclist, and other vulnerable road
user safety, which shall incorporate the tests implemented
under paragraph (2); and
``(B) update the combined overall 5-star safety rating to
incorporate the 5-star safety ratings established under
subparagraph (A).
``(f) Advanced Updates to the 5-star Safety Rating
System.--
``(1) Crashworthiness.--
``(A) Test procedures, conditions, and devices; injury
criteria.--Not later than 2 years after the date of the
enactment of this subsection, the Secretary shall prescribe a
final rule amending part 572 of title 49, Code of Federal
Regulations, to incorporate into the passenger motor vehicle
information program under subsection (a)--
``(i) updated and new test procedures, test conditions, and
anthropomorphic test devices that reasonably represent motor
vehicle occupants and pedestrians, bicyclists, and other
vulnerable road users, including such occupants and users who
are children, elderly individuals, adult males, and adult
females; and
``(ii) new or refined injury criteria, including head,
neck, chest, abdomen, pelvis, upper leg, and lower leg injury
criteria, based on real-world injuries and the greatest
potential to increase the safety of passenger motor vehicles.
``(B) Tests.--Not later than 3 years after the date of the
enactment of this subsection, the Secretary shall, with
respect to the passenger motor vehicle information program
under subsection (a)--
``(i) update existing crashworthiness tests, including to
account for adult male, adult female, and elderly occupants
in all designated seating positions; and
``(ii) implement new crashworthiness tests for--
``(I) occupants, including children, elderly occupants,
adult males, and adult females, in all rear designated
seating positions;
``(II) crashes between a passenger motor vehicle and a
pedestrian, bicyclist, or other vulnerable road user,
including the potential risks of injuries to the head, neck,
chest, abdomen, pelvis, upper leg, and lower leg; and
``(III) seats, the attachment assemblies of seats, and the
installation of seats.
``(2) Post-crash safety and advanced crash avoidance
systems.--
``(A) Research.--Not later than 2 years after the date of
the enactment of this subsection, the Secretary shall
complete research into the development of tests for--
``(i) post-crash safety systems, including tests for
automatic collision notification; and
``(ii) advanced crash avoidance systems, including tests
for--
``(I) lane keeping assistance;
``(II) traffic jam assist;
``(III) driver monitoring and driver distraction
prevention, including tests for maintaining driver engagement
and mitigating distraction from in-vehicle electronic
devices;
``(IV) intelligent speed assistance; and
``(V) blind spot intervention.
``(B) Implementation.--After completion of the research
required under subparagraph (A), and not later than 3 years
after the date of the enactment of this subsection, the
Secretary shall implement tests for post-crash safety systems
and advanced crash avoidance systems, including (at a
minimum) tests for the specific capabilities described in
clause (i) of such subparagraph and subclauses (I) through
(V) of clause (ii) of such subparagraph, unless the Secretary
determines that doing so will not improve the passenger motor
vehicle information developed under subsection (a).
``(C) Explanation of determination.--If the Secretary does
not implement tests for a specific capability described in
clause (i) of subparagraph (A) or any of subclauses (I)
through (V) of clause (ii) of such subparagraph, the
Secretary shall describe in the next report required under
subsection (d)--
``(i) the reasons for the determination of the Secretary
under subparagraph (B) with respect to such capability; and
``(ii) if such capability is included in another safety
information program, including such a program administered by
an international or private organization, why the tests, or
substantially similar tests, from such other program were not
adopted.
``(3) New and updated 5-star safety ratings.--Not later
than 3 years after the date of the enactment of this
subsection, the Secretary shall--
``(A) establish separate 5-star safety ratings for--
``(i) crashworthiness for adults;
``(ii) crashworthiness for elderly occupants; and
``(iii) crashworthiness for children;
``(B) update the crash avoidance 5-star safety rating to
incorporate the post-crash safety and advanced crash
avoidance tests implemented under paragraph (2)(B); and
``(C) update the combined overall 5-star safety rating to
incorporate the 5-star safety ratings established under
subparagraph (A) and the 5-star safety rating updated under
subparagraph (B).
``(g) Advanced Drunk Driving Prevention Technology.--
``(1) Research.--Not later than 2 years after the date of
the enactment of this subsection, the Secretary shall
complete research into the development of tests for advanced
drunk driving prevention technology.
``(2) Implementation.--After completion of the research
required under paragraph (1), and not later than 4 years
after the date of the enactment of this subsection, the
Secretary shall implement tests for advanced drunk driving
prevention technology, unless the Secretary determines that
doing so will not improve the passenger motor vehicle
information developed under subsection (a).
``(3) Explanation of determination.--If the Secretary does
not implement tests for advanced drunk driving prevention
technology, the Secretary shall describe in the next report
required under subsection (d)--
``(A) the reasons for the determination of the Secretary
under paragraph (2); and
``(B) if advanced drunk driving prevention technology is
included in another safety information program, including
such a program administered by an international or private
organization, the Secretary shall detail why the tests, or
substantially similar tests, from such other program were not
adopted.
``(4) Updated 5-star safety ratings.--Not later than 4
years after the date of the enactment of this subsection, the
Secretary shall--
``(A) update the crash avoidance 5-star safety rating to
incorporate any tests for advanced drunk driving prevention
technology implemented under paragraph (2); and
``(B) update the combined overall 5-star safety rating to
incorporate any updates to the crash avoidance 5-star safety
rating under subparagraph (A).
``(h) Updating the Monroney Label.--
``(1) In general.--Not later than 4 years after the date of
the enactment of this subsection, the Secretary shall
prescribe a final rule revising part 575 of title 49, Code of
Federal Regulations, to update the safety rating information
required to be displayed on stickers placed on motor vehicles
by their manufacturers (commonly referred to as `Monroney
Labels').
``(2) Requirements.--In carrying out paragraph (1), the
Secretary shall require that crash avoidance information is
indicated next to crashworthiness information on the stickers
described in such paragraph.
``(i) Safety Ratings.--
``(1) In general.--The 5-star safety ratings shall--
``(A) provide consumers with easy-to-understand information
about passenger motor vehicle safety;
``(B) provide meaningful comparative information about the
safety of passenger motor vehicles; and
``(C) provide incentives for the design of safer passenger
motor vehicles.
``(2) Standard systems or features.--A vehicle model shall
only achieve the highest safety rating under the passenger
motor vehicle information program under subsection (a) if
each system or feature that is subject to a test under such
program is standard for the model.
``(3) Public availability.--Not later than 30 days after
providing the safety ratings under the passenger motor
vehicle information program under subsection (a) for a
passenger motor vehicle to the manufacturer of the vehicle,
the Secretary shall publish such safety ratings on a website
that is publicly available and easily accessible (including
on mobile devices).
``(j) Continuous Updates.--
``(1) In general.--Not later than 6 years after the date of
the enactment of this subsection, and every 2 years
thereafter, the Secretary shall--
``(A) update the passenger motor vehicle information
program under subsection (a) to expand consumer access to
information about passenger motor vehicle safety in
accordance with the roadmap required under subsection (d);
and
``(B) update each test or 5-star safety rating implemented
under this section, unless the Secretary determines that
updating the test or 5-star safety rating will not improve
the passenger motor vehicle information developed under
subsection (a).
``(2) Replacing and eliminating tests and 5-star safety
ratings.--
``(A) In general.--If the Secretary determines that a test
or 5-star safety rating implemented under this section no
longer improves the passenger motor vehicle information
developed under subsection (a), the Secretary shall--
``(i) replace such test or 5-star safety rating; or
``(ii) if the Secretary determines that a replacement of
such test or 5-star safety rating will not improve the
passenger motor vehicle information developed under
subsection (a), eliminate such test or 5-star safety rating.
``(B) Explanation of determination.--If the Secretary
eliminates a test or 5-star safety rating under subparagraph
(A)(ii), the Secretary shall provide an explanation for the
determination of the Secretary under such subparagraph in the
next report required under subsection (d).
``(k) Report on Failure to Meet Deadline.--If the Secretary
fails to meet a deadline
[[Page H3492]]
under this section, the Secretary shall, not later than 30
days after the deadline, submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing--
``(1) an explanation of why the Secretary failed to meet
the deadline; and
``(2) a detailed plan and projected timeline for completing
the requirement to which the deadline relates.
``(l) Definitions.--In this section:
``(1) 5-star safety rating.--The term `5-star safety
rating' means a graphical depiction of a rating assigned
under the passenger motor vehicle information program under
subsection (a).
``(2) Crashworthiness.--The term `crashworthiness' has the
meaning given such term in section 32301, except that such
term also includes the protection a passenger motor vehicle
gives pedestrians, bicyclists, and other vulnerable road
users against personal injury or death from a motor vehicle
accident.''.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Transportation
$75,000,000 for each of fiscal years 2022 through 2027 to
carry out the amendments made by this section.
SEC. 10105. ADVANCED DRUNK DRIVING PREVENTION TECHNOLOGY.
(a) Requirements.--
(1) Motor vehicle safety standard.--Not later than 18
months after the date of enactment of this Act, the Secretary
of Transportation shall issue a notice of proposed rulemaking
to prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires
passenger motor vehicles manufactured after the effective
date of such standard to be equipped with advanced drunk
driving prevention technology. Not later than three years
after the date of enactment of this Act, the Secretary shall
prescribe a final rule containing the motor vehicle safety
standard required under this subsection. The final rule shall
specify an effective date that provides at least two years,
but no more than three years, to allow for manufacturing
compliance.
(2) Timing.--If the Secretary determines that a new motor
vehicle safety standard required under this subsection cannot
meet the requirements and considerations set forth in
subsections (a) and (b) of section 30111 of title 49, United
States Code, within the 3-year period required under
paragraph (1), the Secretary shall--
(A) submit a report to the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
describing the reasons for not prescribing such a standard
within such 3-year period;
(B) not later than one year after the submission of the
report under subparagraph (A), prescribe the final rule
required by paragraph (1);
(C) if the Secretary cannot meet the requirements and
considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code, within the
additional 1-year period described in subparagraph (B), or
any subsequent 1-year period, submit a additional reports
after each additional 1-year period to the committees
described in subparagraph (A) describing the reasons for not
prescribing such a standard within such additional period;
and
(D) not later than six years after the date of enactment of
this Act, prescribe a final motor vehicle safety, as required
under paragraph (1).
(b) Development.--The Secretary shall work directly with
manufacturers of passenger motor vehicles, suppliers, safety
advocates, and other interested parties, including
universities with expertise in automotive engineering, to--
(1) accelerate the development of the advanced drunk
driving prevention technology required to prescribe a motor
vehicle safety standard described in subsection (a); and
(2) ensure the integration of such technology into
passenger motor vehicles available for sale at the earliest
practicable date.
(c) Definitions.--In this section:
(1) Advanced drunk driving prevention technology.--the term
``advanced drunk driving prevention technology'' means--
(A)(i) a passive system that monitors a driver's
performance to identify whether that driver may be impaired;
(ii) a system that can passively and accurately detect
whether the blood alcohol concentration of a driver of a
motor vehicle is equal to or greater than .08 blood alcohol
content; or
(iii) a similar system that detects impairment of a driver,
including a combination of systems described in paragraphs
(A) and (B); and
(B) a system that prevents or limits vehicle operation if
such system determines the driver may be intoxicated or
otherwise impaired.
(2) Motor vehicle safety standard.--The term ``motor
vehicle safety standard'' has the meaning given such term in
section 30102 of title 49, United States Code.
(3) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given such term in section 32101 of
title 49, United States Code.
SEC. 10106. LIMOUSINE COMPLIANCE WITH FEDERAL SAFETY
STANDARDS.
(a) Limousine Standards.--
(1) Safety belt and seating system standards for
limousines.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall prescribe a final
rule--
(A) that amends Federal Motor Vehicle Safety Standard
Numbers 208, 209, and 210 to require to be installed in
limousines at each designated seating position, including on
side-facing seats--
(i) an occupant restraint system consisting of integrated
lap shoulder belts; or
(ii) an occupant restraint system consisting of a lap belt
if the occupant restraint system described in clause (i) does
not meet the need for motor vehicle safety; and
(B) that amends Federal Motor Vehicle Safety Standard
Number 207 to require limousines to meet standards for seats
(including side-facing seats), seat attachment assemblies,
and seat installation to minimize the possibility of their
failure by forces acting on them as a result of vehicle
impact.
(2) Report on retrofit assessment for limousines.--Not
later than 2 years after the date of the enactment of this
Act, the Secretary shall submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that assesses the feasibility, benefits, and
costs with respect to the application of any requirement
established under paragraph (1) to a limousine introduced
into interstate commerce before the date on which the
requirement takes effect.
(b) Safety Regulation of Limousines.--
(1) In general.--Section 30102(a)(6) of title 49, United
States Code, is amended--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) modifying a passenger motor vehicle (as such term is
defined in section 32101) that has already been purchased by
the first purchaser (as such term is defined in subsection
(b)) by increasing the wheelbase of the vehicle so that the
vehicle has increased seating capacity.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply beginning on the date that is 1 year after the
date of the enactment of this Act.
(c) Limousine Compliance With Federal Safety Standards.--
(1) In general.--Subchapter II of chapter 301 of title 49,
United States Code, as amended by sections 10101(a)(1), 10103
(a)(1), and 10103(b)(1), is further amended by adding at the
end the following new section:
``Sec. 30132. Limousine compliance with Federal safety
standards
``(a) Requirement.--Beginning on the date that is 1 year
after the date of the enactment of this section, a limousine
remodeler may not offer for sale, lease, or rent, introduce
or deliver for introduction into interstate commerce, or
import into the United States a new limousine unless the
limousine remodeler has submitted to the Secretary a vehicle
remodeler plan (or an updated vehicle remodeler plan required
by subsection (b), as applicable) that describes how the
remodeler is mitigating risks to motor vehicle safety posed
by the limousines of the remodeler. A vehicle remodeler plan
shall include the following:
``(1) Verification and validation of compliance with
applicable motor vehicle safety standards.
``(2) Design, quality control, manufacturing, and training
practices adopted by the limousine remodeler.
``(3) Customer support guidelines, including instructions
for limousine occupants to wear seatbelts and limousine
operators to notify occupants of the date and results of the
most recent inspection of the limousine.
``(b) Updates.--Each limousine remodeler shall submit an
updated vehicle remodeler plan to the Secretary each year.
``(c) Publicly Available.--The Secretary shall make any
vehicle remodeler plan submitted under subsection (a) or (b)
publicly available not later than 60 days after the date on
which the plan is received, except the Secretary may not make
publicly available any information relating to a trade secret
or other confidential business information (as such terms are
defined in section 512.3 of title 49, Code of Federal
Regulations (or any successor regulation)).
``(d) Review.--The Secretary may inspect any vehicle
remodeler plan submitted by a limousine remodeler under
subsection (a) or (b) to enable the Secretary to determine
whether the limousine remodeler has complied, or is
complying, with this chapter or a regulation prescribed or
order issued pursuant to this chapter.
``(e) Rule of Construction.--Nothing in this section may be
construed to affect discovery, a subpoena or other court
order, or any other judicial process otherwise allowed under
applicable Federal or State law.
``(f) Definitions.--In this section:
``(1) Certified passenger motor vehicle.--The term
`certified passenger motor vehicle' means a passenger motor
vehicle that has been certified in accordance with section
30115 to meet all applicable motor vehicle safety standards.
``(2) Incomplete vehicle.--The term `incomplete vehicle'
has the meaning given such term in section 567.3 of title 49,
Code of Federal Regulations (or any successor regulation).
``(3) Limousine.--The term `limousine' means a motor
vehicle--
``(A) that has a seating capacity of 9 or more persons
(including the driver);
``(B) with a gross vehicle weight rating greater than
10,000 pounds but not greater than 26,000 pounds; and
``(C) that the Secretary has determined by regulation has
physical characteristics resembling--
``(i) a passenger car;
``(ii) a multipurpose passenger vehicle; or
``(iii) a truck with a gross vehicle weight rating of
10,000 pounds or less.
``(4) Limousine operator.--The term `limousine operator'
means a person who owns or leases, and uses, a limousine to
transport passengers for compensation.
``(5) Limousine remodeler.--The term `limousine remodeler'
means a person who alters or modifies by addition,
substitution, or removal of components (other than readily
attachable components) an incomplete vehicle, a vehicle
manufactured in two or more stages, or a certified
[[Page H3493]]
passenger motor vehicle before or after the first purchase of
the vehicle to manufacture a limousine.
``(6) Multipurpose passenger vehicle.--The term
`multipurpose passenger vehicle' has the meaning given such
term in section 571.3 of title 49, Code of Federal
Regulations (or any successor regulation).
``(7) Passenger car.--The term `passenger car' has the
meaning given such term in section 571.3 of title 49, Code of
Federal Regulations (or any successor regulation).
``(8) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given such term in section 32101.
``(9) Truck.--The term `truck' has the meaning given such
term in section 571.3 of title 49, Code of Federal
Regulations (or any successor regulation).''.
(2) Enforcement.--Section 30165(a)(1) of title 49, United
States Code, is amended by inserting ``30132,'' after
``30127,''.
(3) Clerical amendment.--The table of sections for
subchapter II of chapter 301 of title 49, United States Code,
as amended by sections 10101(a)(2), 10103(a)(2), and
10103(b)(2), is further amended by adding at the end the
following new item:
``30132. Limousine compliance with Federal safety standards.''.
(d) Limousine Crashworthiness.--
(1) Research.--Not later than 4 years after the date of the
enactment of this Act, the Secretary shall complete research
into the development of motor vehicle safety standards for
side impact protection, roof crush resistance, and air bag
systems for the protection of occupants for limousines with
alternative seating positions, including perimeter seating
arrangements.
(2) Rulemaking or report.--
(A) Crashworthiness standards.--
(i) In general.--Not later than 2 years after the
completion of the research required under paragraph (1),
except as provided in clause (ii), the Secretary shall
prescribe a final motor vehicle safety standard, for the
protection of occupants in limousines with alternative
seating positions, for each of the following:
(I) Side impact protection.
(II) Roof crush resistance.
(III) Air bag systems.
(ii) Requirements and considerations.--The Secretary may
only prescribe a motor vehicle safety standard described in
clause (i) if the Secretary determines that such standard
meets the requirements and considerations set forth in
subsections (a) and (b) of section 30111 of title 49, United
States Code.
(B) Report.--If the Secretary determines that a standard
described in subparagraph (A)(i) 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 publish in the Federal Register and submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the reasons
for not prescribing such standard.
(e) Limousine Evacuation.--
(1) Research.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall complete research
into safety features and standards that aid evacuation in the
event that one exit in the passenger compartment of a
limousine is blocked.
(2) Standards.--Not later than 3 years after the date of
the enactment of this Act, the Secretary shall prescribe a
final motor vehicle safety standard based on the results of
the research under paragraph (1).
(f) Limousine Inspection Disclosure.--
(1) In general.--A limousine operator may not introduce a
limousine into interstate commerce unless the limousine
operator has prominently disclosed in a clear and conspicuous
notice, including on the website of the operator if the
operator has a website, the following:
(A) The date of the most recent inspection of the limousine
required under State or Federal law.
(B) The results of the inspection.
(C) Any corrective action taken by the limousine operator
to ensure the limousine passed inspection.
(2) Federal trade commission enforcement.--The Federal
Trade Commission shall enforce this subsection in the same
manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41
et seq.) were incorporated into and made a part of this
subsection. Any person who violates this subsection shall be
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(3) Savings provision.--Nothing in this subsection shall be
construed to limit the authority of the Federal Trade
Commission under any other provision of law.
(4) Effective date.--This subsection shall take effect 180
days after the date of the enactment of this Act.
(g) Event Data Recorders for Limousines.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall prescribe a
final motor vehicle safety standard requiring the use of
event data recorders for limousines.
(2) Privacy protections.--Any standard prescribed under
paragraph (1) pertaining to event data recorder information
shall be consistent with the collection and sharing
requirements under the FAST Act (Public Law 114-94) and any
other applicable law.
(h) Definitions.--In this section:
(1) Event data recorder.--The term ``event data recorder''
has the meaning given such term in section 563.5 of title 49,
Code of Federal Regulations (or any successor regulation).
(2) Limousine.--The term ``limousine'' has the meaning
given such term in section 30132 of title 49, United States
Code, as added by this section.
(3) Limousine operator.--The term ``limousine operator''
has the meaning given such term in section 30132 of title 49,
United States Code, as added by this section.
(4) Motor vehicle safety.--The term ``motor vehicle
safety'' has the meaning given such term in section 30102(a)
of title 49, United States Code.
(5) Motor vehicle safety standard.--The term ``motor
vehicle safety standard'' has the meaning given such term in
section 30102(a) of title 49, United States Code.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(7) State.--The term ``State'' has the meaning given such
term in section 30102(a) of title 49, United States Code.
SEC. 10107. STUDY TO EVALUATE THE PERFORMANCE OF CRASH
AVOIDANCE SYSTEMS.
(a) Study.--The Secretary of Transportation shall conduct a
study to evaluate the performance of crash avoidance systems
at detecting and classifying pedestrians, bicyclists, and
other vulnerable road users, including those with different
skin tones that are representative of different racial and
ethnic groups.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit a report
of the results of the study required under subsection (a) to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and make such report publicly
available.
(c) Contracting.--The Secretary may enter into contracts
with nonprofit institutions, colleges, and universities to
conduct research required for the study required under
subsection (a).
(d) Definition of Crash Avoidance.--As used in this
section, the term ``crash avoidance systems'' means any
system in a motor vehicle used to prevent or mitigate a
crash, including a system using cameras, lidar, or radar.
SEC. 10108. STUDY AND REPORT ON MOTOR VEHICLE LAMPS.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, an entity described in subsection
(b) that is competent to carry out the requirements of this
section, and that is selected by the Secretary (in
consultation with the Director of the National Institute of
Standards and Technology and the Director of the National
Institutes of Health), shall complete a study and submit to
the Secretary a report on the effects of non-uniform
luminance from Light Emitting Diode (LED) and Light
Amplification by Stimulated Emission of Radiation (LASER)
motor vehicle lamps on the vision of elderly drivers and
roadway safety. The study and report shall consider, at a
minimum, motor vehicle headlights, daytime running lights,
brake lights, tail lights, turn signals, and flashing lights
on public safety and maintenance vehicles.
(b) Entity Described.--An entity described in this
subsection is--
(1) a nonprofit research institution;
(2) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))); or
(3) a consortium of institutions described in paragraph (1)
or institutions described in paragraph (2), or both.
(c) Contents of Report.--The report required by subsection
(a) shall include, at a minimum, the following:
(1) Measurements and evaluation of peak luminance, spectral
power distribution, and flicker from lamps described in
subsection (a).
(2) An evaluation of the effects (including specifically
for elderly drivers), if any, on vision, health, and safety
of individuals exposed to light from lamps described in
subsection (a), including an evaluation of risks (including
specifically for elderly drivers) of temporary or long-term
impairment of vision and light-induced psychological stress
and seizures.
(d) Submission of Report and Recommendations.--Not later
than 90 days after the completion of the study and report
required by subsection (a), the Secretary shall publish in
the Federal Register and submit to the Committee on Energy
and Commerce of the House of Representatives, the Committee
on Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate--
(1) such report; and
(2) if appropriate, recommendations regarding measures to
reduce the risks to roadway safety of glare from the lamps
described in subsection (a).
(e) Public Notice and Comment.--In developing the scope of
the study required by subsection (a), the Secretary shall
provide for a period of public notice and comment.
(f) Definitions.--In this section:
(1) Motor vehicle.--The term ``motor vehicle'' has the
meaning given such term in section 30102(a) of title 49,
United States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
DIVISION G--HIGHWAY TRUST FUND
SEC. 11001. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``October 1, 2021'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1,
2026'', and
(2) by striking ``Continuing Appropriations Act, 2021 and
Other Extensions Act'' in subsections (c)(1) and (e)(3) and
inserting ``INVEST in America Act''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504 of such Code is amended--
[[Page H3494]]
(1) by striking ``Continuing Appropriations Act, 2021 and
Other Extensions Act'' each place it appears in subsection
(b)(2) and inserting ``INVEST in America Act'', and
(2) by striking ``October 1, 2021'' in subsection (d)(2)
and inserting ``October 1, 2026''.
(c) Leaking Underground Storage Tank Trust Fund.--Section
9508(e)(2) of such Code is amended by striking ``October 1,
2021'' and inserting ``October 1, 2026''.
SEC. 11002. ADDITIONAL TRANSFERS TO HIGHWAY TRUST FUND.
Section 9503(f) of the Internal Revenue Code of 1986 is
amended by redesignating paragraph (11) as paragraph (12) and
by inserting after paragraph (10) the following new
paragraph:
``(11) Additional transfers to trust fund.--Out of money in
the Treasury not otherwise appropriated, there is hereby
appropriated--
``(A) $109,000,000,000 to the Highway Account (as defined
in subsection (e)(5)(B)) in the Highway Trust Fund, and
``(B) $39,000,000,000 to the Mass Transit Account in the
Highway Trust Fund.''.
DIVISION H--WATER QUALITY PROTECTION AND JOB CREATION ACT OF 2021
SEC. 12001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Water
Quality Protection and Job Creation Act of 2021''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 12001. Short title; table of contents.
Sec. 12002. Wastewater infrastructure workforce investment.
Sec. 12003. Technical assistance to rural, small, and Tribal
municipalities.
Sec. 12004. State management assistance.
Sec. 12005. Watershed, wet weather, and resiliency projects.
Sec. 12006. Waiver of matching requirement for grants to District of
Columbia.
Sec. 12007. Pilot program for alternative water source projects.
Sec. 12008. Sewer overflow and stormwater reuse municipal grants.
Sec. 12009. Grants for the treatment of emerging contaminants.
Sec. 12010. Household wastewater grant program.
Sec. 12011. Smart wastewater infrastructure technology grant program.
Sec. 12012. Reports to Congress.
Sec. 12013. Indian Tribes.
Sec. 12014. Capitalization grants.
Sec. 12015. Water pollution control revolving loan funds.
Sec. 12016. Allotment of funds.
Sec. 12017. Reservation of funds for territories of the United States.
Sec. 12018. Authorization of appropriations.
Sec. 12019. Technical assistance by Municipal Ombudsman.
Sec. 12020. Report on wastewater infrastructure funding for rural,
economically disadvantaged, and Tribal communities.
Sec. 12021. Water Reuse Interagency Working Group.
SEC. 12002. WASTEWATER INFRASTRUCTURE WORKFORCE INVESTMENT.
Section 104(g) of the Federal Water Pollution Control Act
(33 U.S.C. 1254(g)) is amended--
(1) in paragraph (1), by striking ``manpower'' each place
it appears and inserting ``workforce''; and
(2) by amending paragraph (4) to read as follows:
``(4) Report to congress on publicly owned treatment works
workforce development.--Not later than 2 years after the date
of enactment of the Water Quality Protection and Job Creation
Act of 2021, the Administrator, in consultation with the
Secretary of Labor, 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--
``(A) an assessment of the current and future workforce
needs for publicly owned treatment works, including an
estimate of the number of future positions needed for such
treatment works and the technical skills and education needed
for such positions;
``(B) a summary of actions taken by the Administrator,
including Federal investments under this chapter, that
promote workforce development to address such needs; and
``(C) any recommendations of the Administrator to address
such needs.''.
SEC. 12003. TECHNICAL ASSISTANCE TO RURAL, SMALL, AND TRIBAL
MUNICIPALITIES.
(a) Reauthorization.--Section 104(u) of the Federal Water
Pollution Control Act (33 U.S.C. 1254(u)) is amended--
(1) by striking ``and (7)'' and inserting ``(7)'';
(2) by striking ``2023'' and inserting ``2021''; and
(3) by inserting ``; and (8) not to exceed $100,000,000 for
each of fiscal years 2022 through 2026 for carrying out
subsections (b)(3), (b)(8), and (g), except that not less
than half of the amounts so appropriated to carry out such
subsections in each such fiscal year shall be used for
carrying out subsection (b)(8)'' before the period at the
end.
(b) Communication.--A nonprofit organization receiving a
grant under section 104(b)(8) of the Federal Water Pollution
Control Act (33 U.S.C. 1254(b)(8)) shall, prior to carrying
out an activity using such grant funds, consult with the
State in which such activity is to be carried out.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall submit to Congress a report that
describes the implementation of the grants made under
subsections (b)(3), (b)(8), and (g) of section 104 of the
Federal Water Pollution Control Act (33 U.S.C. 1254) during
the 2 fiscal years preceding the date of the report,
including a description of the recipients and amounts of such
grants.
SEC. 12004. STATE MANAGEMENT ASSISTANCE.
(a) Authorization of Appropriations.--Section 106(a) of the
Federal Water Pollution Control Act (33 U.S.C. 1256(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (1); and
(2) by inserting after paragraph (2) the following:
``(3) such sums as may be necessary for each of fiscal
years 1991 through 2021; and
``(4) $500,000,000 for each of fiscal years 2022 through
2026;''.
(b) Technical Amendment.--Section 106(e) of the Federal
Water Pollution Control Act (33 U.S.C. 1256(e)) is amended by
striking ``Beginning in fiscal year 1974 the'' and inserting
``The''.
SEC. 12005. WATERSHED, WET WEATHER, AND RESILIENCY PROJECTS.
(a) Increased Resilience of Treatment Works.--Section
122(a)(6) of the Federal Water Pollution Control Act (33
U.S.C. 1274(a)(6)) is amended to read as follows:
``(6) Increased resilience of treatment works.--Efforts--
``(A) to assess future risks and vulnerabilities of
publicly owned treatment works to manmade or natural
disasters, including extreme weather events, drought, and sea
level rise; and
``(B) to carry out the planning, design, or construction of
projects, on a systemwide or areawide basis, to increase the
resilience of publicly owned treatment works through--
``(i) the conservation of water or the enhancement of water
use efficiency;
``(ii) the enhancement of wastewater (including stormwater)
management by increasing watershed preservation and
protection, including through--
``(I) the use of green infrastructure; or
``(II) the reclamation and reuse of wastewater (including
stormwater), such as through aquifer recharge zones;
``(iii) the modification or relocation of an existing
publicly owned treatment works at risk of being significantly
impaired or damaged by a manmade or natural disaster;
``(iv) the enhancement of energy efficiency, or the use or
generation of recovered or renewable energy, in the
management, treatment, or conveyance of wastewater (including
stormwater); or
``(v) other activities that the Administrator determines
will address identified vulnerabilities to manmade or natural
disasters, including activities to address cybersecurity
vulnerabilities of publicly owned treatment works.''.
(b) Requirements; Authorization of Appropriations.--Section
122 of the Federal Water Pollution Control Act (33 U.S.C.
1274) is amended by striking subsection (c) and inserting the
following:
``(c) Requirements.--The requirements of section 608 shall
apply to any construction, alteration, maintenance, or repair
of treatment works carried out using a grant under this
section.
``(d) Assistance.--The Administrator shall use not less
than 15 percent of the amounts appropriated pursuant to this
section in a fiscal year to provide assistance to
municipalities with a population of less than 10,000, or for
economically disadvantaged communities (as defined in section
12020 of the Water Quality Protection and Job Creation Act of
2021), to the extent there are sufficient eligible
applications.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $200,000,000 for
each of fiscal years 2022 through 2026.''.
(c) Technical and Conforming Amendments.--
(1) Watershed pilot projects.--Section 122 of the Federal
Water Pollution Control Act (33 U.S.C. 1274) is amended--
(A) in the section heading, by striking ``watershed pilot
projects'' and inserting ``watershed, wet weather, and
resiliency projects''; and
(B) by striking ``pilot'' each place it appears.
(2) Water pollution control revolving loan funds.--Section
603(c)(7) of the Federal Water Pollution Control Act (33
U.S.C. 1383(c)(7)) is amended by striking ``watershed''.
SEC. 12006. WAIVER OF MATCHING REQUIREMENT FOR GRANTS TO
DISTRICT OF COLUMBIA.
Section 202(a) of the Federal Water Pollution Control Act
(33 U.S.C. 1282(a)) is amended by adding at the end the
following:
``(5) Notwithstanding any other provision of this
subsection, in the case of a project for a treatment works in
the District of Columbia, such a project shall be eligible
for grants at 100 percent of the cost of construction
thereof.''.
SEC. 12007. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE
PROJECTS.
(a) Selection of Projects.--Section 220(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1300(d)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Limitation on eligibility.--A project that has
received construction funds under the Reclamation Projects
Authorization and Adjustment Act of 1992 shall not be
eligible for grant assistance under this section.''; and
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2).
(b) Committee Resolution Procedure; Assistance.--Section
220 of the Federal Water Pollution Control Act (33 U.S.C.
1300) is amended by striking subsection (e) and inserting the
following:
``(e) Assistance.--The Administrator shall use not less
than 15 percent of the amounts appropriated pursuant to this
section in a fiscal year
[[Page H3495]]
to provide assistance to eligible entities for projects
designed to serve fewer than 10,000 individuals, to the
extent there are sufficient eligible applications.''.
(c) Requirements.--Section 220 of the Federal Water
Pollution Control Act (33 U.S.C. 1300) is amended by
redesignating subsections (i) and (j) as subsections (j) and
(k), respectively, and inserting after subsection (h) the
following:
``(i) Requirements.--The requirements of section 608 shall
apply to any construction of an alternative water source
project carried out using assistance made available under
this section.''.
(d) Definitions.--Section 220(j)(1) of the Federal Water
Pollution Control Act (as redesignated by subsection (c) of
this section) is amended by striking ``or by treating
wastewater'' and inserting ``(including stormwater), or by
treating wastewater (including stormwater) for groundwater
recharge, potable reuse, or other purposes''.
(e) Authorization of Appropriations.--Section 220(k) of the
Federal Water Pollution Control Act (as redesignated by
subsection (c) of this section) is amended by striking ``a
total of $75,000,000 for fiscal years 2002 through 2004'' and
inserting ``$200,000,000 for each of fiscal years 2022
through 2026''.
SEC. 12008. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL
GRANTS.
Section 221 of the Federal Water Pollution Control Act (33
U.S.C. 1301) is amended--
(1) in subsection (c), by striking ``subsection (b),'' each
place it appears and inserting ``this section,'';
(2) in subsection (d)--
(A) by striking ``The Federal share'' and inserting the
following:
``(1) Federal share.--
``(A) In general.--Except as provided in subparagraph (B),
the Federal share''; and
(B) by striking ``The non-Federal share'' and inserting the
following:
``(B) Financially distressed communities.--The Federal
share of the cost of activities carried out using amounts
from a grant made to a financially distressed community under
subsection (a) shall be not less than 75 percent of the cost.
``(2) Non-federal share.--The non-Federal share'';
(3) in subsection (e), by striking ``section 513'' and
inserting ``section 513, or the requirements of section
608,''; and
(4) in subsection (f)--
(A) in paragraph (1), by inserting ``, and $400,000,000 for
each of fiscal years 2022 through 2026'' before the period at
the end; and
(B) by adding at the end the following:
``(3) Assistance.--In carrying out subsection (a), the
Administrator shall ensure that, of the amounts granted to
municipalities in a State, not less than 20 percent is
granted to municipalities with a population of less than
20,000, to the extent there are sufficient eligible
applications.''.
SEC. 12009. GRANTS FOR THE TREATMENT OF EMERGING
CONTAMINANTS.
Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) is amended by adding at the end the
following:
``SEC. 222. EMERGING CONTAMINANTS.
``(a) In General.--The Administrator shall award grants to
owners of publicly owned treatment works to be used for the
implementation of a pretreatment standard or effluent
limitation developed pursuant to this Act for the
introduction into a treatment works, or the discharge of, any
pollutant that is a perfluoroalkyl or polyfluoroalkyl
substance or any pollutant identified by the Administrator as
a contaminant of emerging concern.
``(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $200,000,000 for
each of fiscal years 2022 through 2026.''.
SEC. 12010. HOUSEHOLD WASTEWATER GRANT PROGRAM.
Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) is further amended by adding at the end
the following:
``SEC. 223. HOUSEHOLD WASTEWATER GRANT PROGRAM.
``(a) Establishment.--The Administrator shall establish a
program to provide grants to municipalities or qualified
nonprofit entities to provide assistance to eligible
individuals--
``(1) for the construction, repair, or replacement of an
individual household decentralized wastewater treatment
system;
``(2) for the construction of a decentralized wastewater
treatment system designed to provide wastewater treatment for
2 or more households in which eligible individuals reside,
if--
``(A) such a decentralized wastewater treatment system
could be cost-effectively constructed; and
``(B) site conditions at such households are unsuitable for
the construction of an individual household decentralized
wastewater treatment system; or
``(3) in a case in which an eligible individual resides in
a household that could be cost-effectively connected to an
available publicly owned treatment works, for the connection
of the applicable household to such treatment works.
``(b) Application.--To be eligible to receive a grant under
this subsection, a municipality or qualified nonprofit entity
shall submit to the Administrator an application at such
time, in such manner, and containing such information as the
Administrator determines to be appropriate.
``(c) Priority.--In providing grants under this section,
the Administrator shall, to the maximum extent practicable,
prioritize applications for activities that will assist
eligible individuals residing in households that are not
connected to a system or technology designed to treat
domestic sewage, including eligible individuals using
household cesspools.
``(d) Administrative Expenses.--
``(1) In general.--Of the amounts made available under
subsection (i), the Administrator may use not more than 2
percent for administrative costs.
``(2) Individual grants.--A municipality or qualified
nonprofit entity may use grant funds provided under this
section to pay the administrative expenses associated with
the provision of the assistance to eligible individuals under
this section, as the Administrator determines to be
appropriate.
``(e) Report.--Not later than 2 years after the date of
enactment of this section, the Administrator shall submit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report describing the recipients
of grants and assistance under this section and the results
of the program established under this section.
``(f) Rulemaking.--Not later than 180 days after the date
of enactment of this section, the Administrator shall issue a
rule requiring that, with respect to any decentralized
wastewater treatment system constructed pursuant to this
section or section 603(c)--
``(l) such system complies with any applicable State and
local requirements;
``(2) such system complies with any applicable American
National Standard approved by the American National Standards
Institute; and
``(3) the design and construction of such system is carried
out by persons or entities licensed and bonded, by the State
in which such system is constructed, to carry out such design
and construction.
``(g) Application of Other Requirements.--The requirements
of sections 513 and 608 shall apply to any project for the
construction, repair, or replacement of a decentralized
wastewater treatment system, or for the connection of a
household to a treatment works, for which assistance is
received under this section.
``(h) Definitions.--In this section:
``(1) Eligible individual.--The term `eligible individual'
has the meaning given that term in section 603(j).
``(2) Qualified nonprofit entity.--The term `qualified
nonprofit entity' means an entity determined by the
Administrator to be a qualified nonprofit entity for purposes
of section 603(c)(12).
``(i) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $50,000,000 for each of fiscal years 2022 through
2026.''.
SEC. 12011. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY GRANT
PROGRAM.
Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) is further amended by adding at the end
the following:
``SEC. 224. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY GRANT
PROGRAM.
``(a) Grants.--The Administrator shall establish a program
to provide grants to municipalities for projects for the
planning, design, and construction, at publicly owned
treatment works, of--
``(1) intelligent sewage or stormwater collection systems,
including such collection systems that incorporate
technologies that rely on--
``(A) real-time monitoring (including through sensors),
embedded intelligence, and predictive maintenance
capabilities that improve the energy efficiency, reliability,
and resiliency of treatment works; and
``(B) the use of artificial intelligence and other
intelligent optimization tools that reduce operational costs,
including operational costs relating to energy consumption
and chemical treatment; or
``(2) innovative and alternative combined storm and
sanitary sewer projects, including groundwater recharge, that
rely on real-time data acquisition to support predictive
aquifer recharge through water reuse and stormwater
management capabilities.
``(b) Assistance.--The Administrator shall use not less
than 20 percent of the amounts appropriated pursuant to this
section in a fiscal year to provide assistance to
municipalities with a population of less than 10,000, to the
extent there are sufficient eligible applications.
``(c) Cost Share.--
``(1) In general.--The non-Federal share of the costs of an
activity carried out using a grant under this section shall
be 25 percent.
``(2) Exception.--The Administrator may waive the cost-
sharing requirement of paragraph (1) if the Administrator
determines that the municipality meets the affordability
criteria established under section 603(i)(2) by the State in
which the municipality is located.
``(d) Program Implementation.--
``(1) Guidance.--Not later than 30 days after the date of
enactment of this section, the Administrator shall issue
guidance to municipalities on how to apply for a grant under
this section.
``(2) Decision on applications.--Not later than 30 days
after the date on which the Administrator receives an
application for a grant under this section, the Administrator
shall determine whether to provide such grant.
``(3) Application deficiency.--If the Administrator
determines that an application for a grant under this section
is incomplete, the Administrator shall notify the applicant
and provide the applicant the opportunity to resubmit the
application.
``(4) Consideration.--In determining whether to provide a
grant under this section, the Administrator shall consider
the potential positive effects of the project on water
quality.
``(e) Compliance With Buy America.--The requirements of
section 608 shall apply to any project for construction for
which assistance is received under this section.
[[Page H3496]]
``(f) Report to Congress.--Not later than 180 days after
the date of enactment of this section, and annually
thereafter, the Administrator shall submit to Congress a
report describing projects funded under this section, any
related improvement of the resiliency of publicly owned
treatment works, and recommendations to improve the grant
program established under this section.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated $500,000,000 to carry out this section, to
remain available until expended.''.
SEC. 12012. REPORTS TO CONGRESS.
(a) Biennial Estimates.--Section 516(b)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1375(b)(1)) is amended
by striking ``(B) a detailed estimate, biennially revised, of
the cost of construction of all needed publicly owned
treatment works in all of the States and of the cost of
construction of all needed publicly owned treatment works in
each of the States;'' and inserting ``(B) a detailed
estimate, biennially revised, of the cost of construction of
all planned publicly owned treatment works in all of the
States and all needed publicly owned treatment works in all
of the States, and the cost of construction of all planned
publicly owned treatment works in each of the States and all
needed publicly owned treatment works in each of the States,
which estimates shall include (i) the cost of construction to
rehabilitate or upgrade all existing publicly owned treatment
works (excluding any pipe or other device or system for the
conveyance of wastewater), every 20 years, including the
costs to implement measures necessary to address the
resilience and sustainability of publicly owned treatment
works to manmade or natural disasters, and (ii) the cost of
construction to replace 10 percent of existing publicly owned
pipes and other devices and systems for the conveyance of
wastewater to such treatment works over the 20-year period
following the date of the estimate;''.
(b) Annual Report on Use of Funds.--Section 516 of the
Federal Water Pollution Control Act (33 U.S.C. 1375) is
amended by adding at the end the following:
``(f) Annual Report on Use of Funds.--Not later than 18
months after the date of enactment of this subsection, and
annually thereafter, the Administrator 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 projects that are--
``(A) described in clause (i) or (ii) of section
602(b)(15)(A); and
``(B) carried out using funds made available under or
pursuant to section 221 or title VI; and
``(2) identifies, to the extent practicable, the costs and
benefits of such projects, including any potential short- and
long-term cost savings to publicly owned treatment works and
any environmental and community benefits of implementing such
projects.''.
SEC. 12013. INDIAN TRIBES.
(a) In General.--Section 518(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1377(c)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--For each fiscal year, the Administrator
shall reserve, of the funds made available to carry out title
VI (before allotments to the States under section 604(a)),
the greater of--
``(A) 2 percent of such funds; or
``(B) $30,000,000.
``(2) Use of funds.--
``(A) Grants.--Funds reserved under this subsection shall
be available only for grants to entities described in
paragraph (3) for--
``(i) projects and activities eligible for assistance under
section 603(c); and
``(ii) training, technical assistance, and educational
programs relating to the operation and management of
treatment works eligible for assistance pursuant to section
603(c).
``(B) Limitation.--Not more than $2,000,000 of such
reserved funds may be used for grants under subparagraph
(A)(ii).''; and
(2) in paragraph (3)--
(A) in the header, by striking ``Use of funds'' and
inserting ``Eligible entities''; and
(B) by striking ``for projects and activities eligible for
assistance under section 603(c) to serve'' and inserting
``to''.
(b) Additional Assistance.--
(1) Authorization of appropriations.--In addition to
amounts otherwise made available under title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.),
there is authorized to be appropriated $500,000,000 for each
of fiscal years 2022 through 2026 to make grants, in
cooperation with the Director of the Indian Health Service,
to entities described in section 518(c)(3) of the Federal
Water Pollution Control Act (33 U.S.C. 1377) for--
(A) projects and activities eligible for assistance under
section 603(c) of such Act (33 U.S.C. 1383); and
(B) training, technical assistance, and educational
programs related to the operation and management of treatment
works eligible for assistance pursuant to such section
603(c).
(2) No matching requirement.--The Administrator may not
require an entity receiving a grant under paragraph (1) to
provide, as a condition of receiving such grant, a share of
the cost of the project or activity for which such grant was
made.
(3) Limitation.--Not more than $2,000,000 of amounts made
available in a fiscal year to carry out this subsection may
be used for grants under paragraph (1)(B).
(4) Application of other requirements.--The requirements of
sections 513 and 608 of the Federal Water Pollution Control
Act (33 U.S.C. 1372, 1388) shall apply to any project for the
construction, alteration, maintenance, or repair of treatment
works for which a grant is received under paragraph (1).
SEC. 12014. CAPITALIZATION GRANTS.
(a) Specific Requirements.--Section 602(b) of the Federal
Water Pollution Control Act (33 U.S.C. 1382(b)) is amended--
(1) in paragraph (13)(B)--
(A) in the matter preceding clause (i), by striking ``and
energy conservation'' and inserting ``and efficient energy
use (including through the implementation of technologies to
recover and reuse energy produced in the treatment of
wastewater)''; and
(B) in clause (iii), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting ``; and'' ; and
(3) by adding at the end the following:
``(15) to the extent there are sufficient projects or
activities eligible for assistance from the fund, with
respect to funds for capitalization grants received by the
State under this title and section 205(m)--
``(A) the State will use--
``(i) not less than 15 percent of such funds for green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities; and
``(ii) not less than 5 percent of such funds for projects
to increase the resiliency of treatment works to extreme
weather events, drought, sea level rise, or other impacts of
climate change; and
``(B) the State will use not less than a total of 20
percent of such funds for projects described in subparagraph
(A).''.
(b) Corrosion Control.--Section 602 of the Federal Water
Pollution Control Act (33 U.S.C. 1382) is amended by adding
at the end the following:
``(c) Corrosion Control.--
``(1) In general.--To the greatest extent practicable, the
Administrator shall encourage the incorporation of corrosion
prevention activities in projects and activities carried out
using financial assistance provided under or pursuant to this
title.
``(2) Activities.--In carrying out paragraph (1), the
Administrator, to the greatest extent practicable, shall
ensure that any recipient of financial assistance under or
pursuant to this title--
``(A) carries out any project or activity using such
assistance using, as applicable--
``(i) best practices to carry out corrosion prevention
activities in the field;
``(ii) industry-recognized standards and corrosion
mitigation and prevention methods when--
``(I) determining protective coatings;
``(II) selecting materials; and
``(III) determining methods of cathodic protection, design,
and engineering for corrosion prevention;
``(iii) certified coating application specialists and
cathodic protection technicians and engineers; and
``(iv) best practices in environmental protection to
prevent environmental degradation and to ensure proper
handling of all hazardous materials; and
``(B) demonstrates, as applicable--
``(i) a history of employing industry-certified inspectors
to ensure adherence to best practices and standards; and
``(ii) a history of compliance with applicable requirements
of the Occupational Safety and Health Administration.
``(3) Corrosion prevention activities defined.--In this
subsection, the term `corrosion prevention activities'
means--
``(A) the application and inspection of protective coatings
for complex work involving steel and cementitious structures,
including structures that will be exposed in immersion;
``(B) the installation, testing, and inspection of cathodic
protection systems; and
``(C) any other activities related to corrosion prevention
the Administrator determines appropriate.''.
SEC. 12015. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
Section 603 of the Federal Water Pollution Control Act (33
U.S.C. 1383) is amended--
(1) in subsection (c)(10), by inserting ``, including
measures to identify and address cybersecurity
vulnerabilities of such treatment works'' before the
semicolon; and
(2) in subsection (i)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``, including forgiveness of principal and negative interest
loans'' and inserting ``(including in the form of forgiveness
of principal, negative interest loans, or grants)''; and
(ii) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``in
assistance''; and
(II) in clause (ii)(III), by striking ``to such
ratepayers'' and inserting ``to help such ratepayers maintain
access to wastewater (including stormwater) treatment
services''; and
(B) by amending paragraph (3) to read as follows:
``(3) Subsidization amounts.--
``(A) In general.--A State may use for providing additional
subsidization in a fiscal year under this subsection an
amount that does not exceed the greater of--
``(i) 50 percent of the total amount received by the State
in capitalization grants under this title for the fiscal
year; or
``(ii) the annual average over the previous 10 fiscal years
of the amounts deposited by the State in the State water
pollution control revolving fund from State moneys that
exceed the amounts required to be so deposited under section
602(b)(2).
``(B) Minimum.--To the extent there are sufficient
applications for additional subsidization under this
subsection that meet the criteria under paragraph (1)(A), a
State shall use for
[[Page H3497]]
providing additional subsidization in a fiscal year under
this subsection an amount that is not less than 20 percent of
the total amount received by the State in capitalization
grants under this title for the fiscal year.''.
SEC. 12016. ALLOTMENT OF FUNDS.
(a) Formula.--Section 604(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1384(a)) is amended by striking ``each
of fiscal years 1989 and 1990'' and inserting ``each fiscal
year''.
(b) Wastewater Infrastructure Workforce Development.--
Section 604 of the Federal Water Pollution Control Act (33
U.S.C. 1384) is amended by adding at the end the following:
``(d) Wastewater Infrastructure Workforce Development.--
Each fiscal year, a State may reserve up to 1 percent of the
sums allotted to the State under this section for the fiscal
year to carry out workforce development, training, and
retraining activities described in section 104(g).''.
(c) Needs Survey.--Section 604 of the Federal Water
Pollution Control Act (33 U.S.C. 1384) is further amended by
adding at the end the following:
``(e) Needs Survey.--Each fiscal year, a State may reserve
up to 0.5 percent of the sums allotted to the State under
this section for the fiscal year to carry out activities
under section 516(b)(1)(B).''.
(d) Funds Allotted to Puerto Rico.--Section 604 of the
Federal Water Pollution Control Act (33 U.S.C. 1384) is
further amended by adding at the end the following:
``(f) Funds Allotted to Puerto Rico.--Notwithstanding any
other provision of law, no funds allotted to the Commonwealth
of Puerto Rico under this section may be counted as income or
an asset of the owner or operator of a publicly owned
treatment works receiving such funds, or be used, set aside,
or otherwise made available for the purposes of payment of
debt restructuring under the Puerto Rico Oversight,
Management, and Economic Stability Act (48 U.S.C. 2101 et
seq.) by the Puerto Rico Financial Oversight and Management
Board.''.
SEC. 12017. RESERVATION OF FUNDS FOR TERRITORIES OF THE
UNITED STATES.
Title VI of the Federal Water Pollution Control Act (33
U.S.C. 1381 et seq.) is amended by striking section 607 and
inserting the following:
``SEC. 607. RESERVATION OF FUNDS FOR TERRITORIES OF THE
UNITED STATES.
``(a) In General.--
``(1) Reservation.--For each fiscal year, the Administrator
shall reserve 1.5 percent of available funds, as determined
under paragraph (2).
``(2) Available funds.--For purposes of paragraph (1), the
amount of available funds for a fiscal year is--
``(A) the amount of funds made available to carry out this
title for the fiscal year (before allotments to the States
under section 604(a)); less
``(B) the amount of any funds reserved under section 518(c)
for the fiscal year.
``(b) Use of Funds.--Funds reserved under this section
shall be available only for grants to American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and the
Virgin Islands for projects and activities eligible for
assistance under section 603(c).
``(c) Limitation.--American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the Virgin Islands may
not receive funds allotted under section 604(a).''.
SEC. 12018. AUTHORIZATION OF APPROPRIATIONS.
Title VI of the Federal Water Pollution Control Act (33
U.S.C. 1381 et seq.) is amended by adding at the end the
following:
``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title the following sums:
``(1) $8,000,000,000 for fiscal year 2022.
``(2) $8,000,000,000 for fiscal year 2023.
``(3) $8,000,000,000 for fiscal year 2024.
``(4) $8,000,000,000 for fiscal year 2025.
``(5) $8,000,000,000 for fiscal year 2026.''.
SEC. 12019. TECHNICAL ASSISTANCE BY MUNICIPAL OMBUDSMAN.
Section 4(b)(1) of the Water Infrastructure Improvement Act
(42 U.S.C. 4370j(b)(1)) is amended to read as follows:
``(1) technical and planning assistance to support
municipalities, including municipalities that are rural,
small, economically disadvantaged, or Tribal communities, in
achieving and maintaining compliance with enforceable
deadlines, goals, and requirements of the Federal Water
Pollution Control Act; and''.
SEC. 12020. REPORT ON WASTEWATER INFRASTRUCTURE FUNDING FOR
RURAL, ECONOMICALLY DISADVANTAGED, AND TRIBAL
COMMUNITIES.
(a) Study.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall initiate a study on the distribution
of wastewater infrastructure funds to rural communities,
economically disadvantaged communities, and Tribal
communities during the 20 fiscal years preceding the date of
enactment of this Act.
(b) Requirements.--In carrying out the study under this
section, the Administrator shall--
(1) consult with other Federal agencies, State, local, and
Tribal governments, owners and operators of publicly owned
treatment works, and stakeholder organizations, including
organizations with experience in investigating or addressing
the wastewater infrastructure needs of rural communities,
economically disadvantaged communities, and Tribal
communities;
(2) undertake at least one public meeting in a rural
community, in an economically disadvantaged community, and in
a Tribal community, to receive testimony from the public;
(3) examine whether the distribution of wastewater
infrastructure funds during the period covered by the study
has been in accordance with any applicable executive order or
policy regarding environmental justice;
(4) examine how wastewater infrastructure funds have been
distributed with respect to the identified needs of rural
communities, economically disadvantaged communities, and
Tribal communities, and whether such funds have addressed the
needs of such communities equitably when compared to how such
funds have been distributed with respect to the identified
needs of communities that are not rural, economically
disadvantaged, or Tribal; and
(5) consider any additional factors that the Administrator
determines necessary or appropriate to determine whether
rural communities, economically disadvantaged communities,
and Tribal communities have equitable access to wastewater
infrastructure funds to comply with applicable requirements
of the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
(c) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the Administrator shall submit
to Congress a report describing--
(1) the results of the study carried out under this
section; and
(2) any recommendations to Congress, or to State, local,
and Tribal governments, to ensure that rural communities,
economically disadvantaged communities, and Tribal
communities can equitably access wastewater infrastructure
funds in amounts sufficient to address local wastewater
infrastructure needs and local water quality challenges.
(d) Definitions.--In this section:
(1) Economically disadvantaged community.--The term
``economically disadvantaged community'' means--
(A) a municipality that meets the affordability criteria of
a State established under section 603(i)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(i)(2));
(B) a community with respect to which a municipality can
demonstrate that households in the community experience
significant economic hardship related to wastewater
infrastructure; or
(C) a community that is located in an area that meets the
criteria described in paragraph (1) or (2) of section 301(a)
of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)).
(2) Municipality; treatment works.--The terms
``municipality'' and ``treatment works'' have the meanings
given those terms in section 502 of the Federal Water
Pollution Control Act (33 U.S.C. 1362).
(3) Wastewater infrastructure funds.--The term ``wastewater
infrastructure funds'' means funds made available for
projects or activities under or pursuant to--
(A) title VI of the Federal Water Pollution Control Act (33
U.S.C. 1381 et seq.);
(B) section 122 of the Federal Water Pollution Control Act
(33 U.S.C. 1274);
(C) section 220 of the Federal Water Pollution Control Act
(33 U.S.C. 1300); and
(D) section 221 of the Federal Water Pollution Control Act
(33 U.S.C. 1301).
SEC. 12021. WATER REUSE INTERAGENCY WORKING GROUP.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
Water Reuse Interagency Working Group to develop and
coordinate actions, tools, and resources to encourage water
reuse across the United States, including through the
implementation of the National Water Reuse Action Plan,
consistent with the mission of each Federal agency that is a
member of the working group.
(b) Chairperson; Membership.--The working group shall be--
(1) chaired by the Administrator; and
(2) comprised of senior representatives from any Federal
agency the Administrator determines to be appropriate.
(c) Duties of the Working Group.--The working group shall--
(1) annually review the National Water Reuse Action Plan
and, as necessary, update such plan;
(2) encourage the consideration of water reuse as part of
integrated water resources management and planning;
(3) conduct, and submit to Congress and make public, an
assessment of opportunities to encourage water reuse and
actions necessary to pursue such opportunities;
(4) seek to coordinate Federal programs and policies to
encourage water reuse;
(5) consider how each Federal agency that is a member of
the working group can explore and identify opportunities to
encourage water reuse through the programs and activities of
each such Federal agency; and
(6) consult, on a regular basis, with representatives of
the water reuse industry, research community, and
nongovernmental organizations.
(d) Report.--Not less frequently than once every 2 years,
the Administrator shall submit to Congress a report on the
activities and findings of the working group.
(e) Sunset.--The working group shall terminate on the date
that is 6 years after the date of enactment of this Act.
(f) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) National water reuse action plan.--The term ``National
Water Reuse Action Plan'' means the document published by the
Administrator entitled ``National Water Reuse Action Plan:
Collaborative Implementation (Version 1)'', dated February
2020, and noticed in the Federal Register on March 3, 2020
(85 Fed. Reg. 12552), as updated pursuant to this section.
(3) Working group.--The term ``working group'' means the
Water Reuse Interagency Working Group established under this
section.
[[Page H3498]]
DIVISION I--ASSISTANCE, QUALITY, AND AFFORDABILITY ACT OF 2021
SEC. 13001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Assistance, Quality, and Affordability Act of 2021''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 13001. Short title; table of contents.
TITLE I--INFRASTRUCTURE
Sec. 13101. Drinking water system resilience funding.
Sec. 13102. Grants for State programs.
Sec. 13103. American iron and steel products.
Sec. 13104. Assistance for disadvantaged communities.
Sec. 13105. Allotments for territories.
Sec. 13106. Drinking water SRF funding.
Sec. 13107. Lead service line replacement.
Sec. 13108. Drinking water assistance to colonias.
Sec. 13109. PFAS treatment grants.
Sec. 13110. Voluntary school and child care program lead testing grant
program.
Sec. 13111. Grant program for installation of filtration stations at
schools and child care programs.
Sec. 13112. Drinking water fountain replacement for schools.
Sec. 13113. Indian reservation drinking water program.
Sec. 13114. Assistance for areas affected by natural disasters.
TITLE II--SAFETY
Sec. 13201. Enabling EPA to set standards for new drinking water
contaminants.
Sec. 13202. National primary drinking water regulations for PFAS.
Sec. 13203. National primary drinking water regulations for microcystin
toxin.
Sec. 13204. National primary drinking water regulations for 1,4-
dioxane.
Sec. 13205. Elimination of small system variances.
TITLE III--AFFORDABILITY
Sec. 13301. Emergency relief program.
Sec. 13302. Low-income drinking water assistance program.
Sec. 13303. Low-income wastewater assistance program.
Sec. 13304. Needs assessment for nationwide rural and urban low-income
community water assistance program.
TITLE IV--OTHER MATTERS
Sec. 13401. Small urban and rural water system consolidation report.
TITLE I--INFRASTRUCTURE
SEC. 13101. DRINKING WATER SYSTEM RESILIENCE FUNDING.
Section 1433(g) of the Safe Drinking Water Act (42 U.S.C.
300i-2(g)) is amended--
(1) in paragraph (1), by striking ``and 2021'' and
inserting ``through 2031''; and
(2) in paragraph (6)--
(A) by striking ``25,000,000'' and inserting
``50,000,000''; and
(B) by striking ``2020 and 2021'' and inserting ``2022
through 2031''.
SEC. 13102. GRANTS FOR STATE PROGRAMS.
Section 1443(a)(7) of the Safe Drinking Water Act (42
U.S.C. 300j-2(a)(7)) is amended by striking ``and 2021'' and
inserting ``through 2031''.
SEC. 13103. AMERICAN IRON AND STEEL PRODUCTS.
Section 1452(a)(4)(A) of the Safe Drinking Water Act (42
U.S.C. 300j-12(a)(4)(A)) is amended by striking ``During
fiscal years 2019 through 2023, funds'' and inserting
``Funds''.
SEC. 13104. ASSISTANCE FOR DISADVANTAGED COMMUNITIES.
Section 1452(d)(2)(A) of the Safe Drinking Water Act (42
U.S.C. 300j-12(d)(2)(A)) is amended by striking ``35
percent'' and inserting ``40 percent''.
SEC. 13105. ALLOTMENTS FOR TERRITORIES.
Section 1452(j) of the Safe Drinking Water Act (42 U.S.C.
300j-12(j)) is amended by striking ``0.33 percent'' and
inserting ``1.5 percent''.
SEC. 13106. DRINKING WATER SRF FUNDING.
Section 1452(m)(1) of the Safe Drinking Water Act (42
U.S.C. 300j-12(m)(1)) is amended--
(1) in subparagraph (B), by striking ``and'';
(2) in subparagraph (C), by striking ``2021.'' and
inserting ``2021;''; and
(3) by adding at the end the following:
``(D) $4,140,000,000 for fiscal year 2022;
``(E) $4,800,000,000 for fiscal year 2023; and
``(F) $5,500,000,000 for each of fiscal years 2024 through
2031.''.
SEC. 13107. LEAD SERVICE LINE REPLACEMENT.
(a) In General.--Section 1452 of the Safe Drinking Water
Act (42 U.S.C. 300j-12) is amended by adding at the end the
following:
``(u) Lead Service Line Replacement.--
``(1) In general.--In addition to the capitalization grants
to eligible States under subsection (a)(1), the Administrator
shall offer to enter into agreements with States, Indian
Tribes, and the territories described in subsection (j) to
make grants, including letters of credit, to such States,
Indian Tribes, and territories under this subsection to fund
the replacement of lead service lines.
``(2) Allotments.--
``(A) States.--Funds made available to carry out this
subsection shall be--
``(i) allotted and reallotted to the extent practicable to
States as if allotted or reallotted under subsection (a)(1)
as a capitalization grant under such subsection; and
``(ii) deposited into the State loan fund of a State
receiving such funds pursuant to an agreement entered into
pursuant to this subsection.
``(B) Indian tribes.--The Administrator shall set aside
1\1/2\ percent of the amounts made available each fiscal year
to carry out this subsection to make grants to Indian Tribes.
``(C) Other areas.--Funds made available to carry out this
subsection shall be allotted to territories described in
subsection (j) in accordance with such subsection.
``(3) Grants.--Notwithstanding any other provision of this
section, funds made available under this subsection shall be
used only for providing grants for the replacement of lead
service lines.
``(4) Priority.--Each State, Indian Tribe, and territory
that has entered into an agreement pursuant to this
subsection shall annually prepare a plan that identifies the
intended uses of the amounts made available to such State,
Indian Tribe, or territory under this subsection, and any
such plan shall--
``(A) not be required to comply with subsection (b)(3); and
``(B) provide, to the maximum extent practicable, that
priority for the use of funds be given to projects that
replace lead service lines serving disadvantaged communities
and environmental justice communities.
``(5) Plan for replacement.--Each State, Indian Tribe, and
territory that has entered into an agreement pursuant to this
subsection shall require each recipient of funds made
available pursuant to this subsection to submit to the State,
Indian Tribe, or territory a plan to replace all lead service
lines in the applicable public water system within 10 years
of receiving such funds.
``(6) American made iron and steel and prevailing wages.--
The requirements of paragraphs (4) and (5) of subsection (a)
shall apply to any project carried out in whole or in part
with funds made available under or pursuant to this
subsection.
``(7) Limitation.--
``(A) Prohibition on partial line replacement.--No funds
made available pursuant to this subsection may be used for
partial lead service line replacement if, at the conclusion
of the service line replacement, drinking water is delivered
through a publicly or privately owned portion of a lead
service line.
``(B) No private owner contribution.--Any recipient of
funds made available pursuant to this subsection for lead
service line replacement shall offer to replace any privately
owned portion of any lead service line with respect to which
such funds are used at no cost to the private owner.
``(8) Disadvantaged community assistance.--All funds made
available pursuant to this subsection to fund the replacement
of lead service lines may be used to replace lead service
lines serving disadvantaged communities.
``(9) State contribution not required.--No agreement
entered into pursuant to paragraph (1) shall require that a
State deposit, at any time, in the applicable State loan fund
from State moneys any contribution in order to receive funds
under this subsection.
``(10) Authorization of appropriations.--
``(A) In general.--There are authorized to be appropriated
to carry out this subsection $4,500,000,000 for each of
fiscal years 2022 through 2031. Such sums shall remain
available until expended.
``(B) Additional amounts.--To the extent amounts authorized
to be appropriated under this subsection in any fiscal year
are not appropriated in that fiscal year, such amounts are
authorized to be appropriated in a subsequent fiscal year.
Such sums shall remain available until expended.
``(11) Definitions.--For purposes of this subsection:
``(A) Disadvantaged community.--The term `disadvantaged
community' has the meaning given such term in subsection
(d)(3).
``(B) Environmental justice community.--The term
`environmental justice community' means any population of
color, community of color, indigenous community, or low-
income community that experiences a disproportionate burden
of the negative human health and environmental impacts of
pollution or other environmental hazards.
``(C) Lead service line.--The term `lead service line'
means a pipe and its fittings, which are not lead free (as
defined in section 1417(d)), that connect the drinking water
main to the building inlet.''.
(b) Conforming Amendment.--Section 1452(m)(1) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(m)(1)) is amended by
striking ``(a)(2)(G) and (t)'' and inserting ``(a)(2)(G),
(t), and (u)''.
SEC. 13108. DRINKING WATER ASSISTANCE TO COLONIAS.
Section 1456 of the Safe Drinking Water Act (42 U.S.C.
300j-16) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) Covered entity.--The term `covered entity' means each
of the following:
``(A) A border State.
``(B) A local government with jurisdiction over an eligible
community.'';
(2) in subsection (b), by striking ``border State'' and
inserting ``covered entity'';
(3) in subsection (d), by striking ``shall not exceed 50
percent'' and inserting ``may not be less than 80 percent'';
and
(4) in subsection (e)--
(A) by striking ``$25,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``1997 through 1999'' and inserting ``2022
through 2026''.
SEC. 13109. PFAS TREATMENT GRANTS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) is amended by adding at the end the following new
section:
[[Page H3499]]
``SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED
BY PFAS.
``(a) Establishment.--Not later than 180 days after the
date of enactment of this section, the Administrator shall
establish a program to award grants to affected community
water systems to pay for capital costs associated with the
implementation of eligible treatment technologies.
``(b) Applications.--
``(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the form and timing for community water
systems to apply for grants under this section.
``(2) Required information.--The Administrator shall
require a community water system applying for a grant under
this section to submit--
``(A) information showing the presence of a perfluoroalkyl
or polyfluoroalkyl substance in water of the community water
system; and
``(B) a certification that the treatment technology in use
by the community water system at the time of application is
not sufficient to meet all applicable standards, and all
applicable health advisories published pursuant to section
1412(b)(1)(F), for perfluoroalkyl and polyfluoroalkyl
substances.
``(c) List of Eligible Treatment Technologies.--Not later
than 150 days after the date of enactment of this section,
and every 2 years thereafter, the Administrator shall publish
a list of treatment technologies that the Administrator
determines are the most effective at removing perfluoroalkyl
and polyfluoroalkyl substances from drinking water.
``(d) Priority for Funding.--In awarding grants under this
section, the Administrator shall prioritize an affected
community water system that--
``(1) serves a disadvantaged community;
``(2) will provide at least a 10-percent cost share for the
cost of implementing an eligible treatment technology;
``(3) demonstrates the capacity to maintain the eligible
treatment technology to be implemented using the grant; or
``(4) is located within an area with respect to which the
Administrator has published a determination under the first
sentence of section 1424(e) relating to an aquifer that is
the sole or principal drinking water source for the area.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $500,000,000 for each of the fiscal
years 2022 through 2031.
``(2) Special rule.--Of the amounts authorized to be
appropriated by paragraph (1), $25,000,000 are authorized to
be appropriated for each of fiscal years 2022 and 2023 for
grants under subsection (a) to pay for capital costs
associated with the implementation of eligible treatment
technologies during the period beginning on October 1, 2014,
and ending on the date of enactment of this section.
``(f) Definitions.--In this section:
``(1) Affected community water system.--The term `affected
community water system' means a community water system that
is affected by the presence of a perfluoroalkyl or
polyfluoroalkyl substance in the water in the community water
system.
``(2) Disadvantaged community.--The term `disadvantaged
community' has the meaning given that term in section 1452.
``(3) Eligible treatment technology.--The term `eligible
treatment technology' means a treatment technology included
on the list published under subsection (c).''.
SEC. 13110. VOLUNTARY SCHOOL AND CHILD CARE PROGRAM LEAD
TESTING GRANT PROGRAM.
Section 1464(d)(8) of the Safe Drinking Water Act (42
U.S.C. 300j-24(d)(8)) is amended by striking ``and 2021'' and
inserting ``through 2031''.
SEC. 13111. GRANT PROGRAM FOR INSTALLATION OF FILTRATION
STATIONS AT SCHOOLS AND CHILD CARE PROGRAMS.
Section 1464 of the Safe Drinking Water Act (42 U.S.C.
300j-24) is amended by adding at the end the following:
``(e) Grant Program for Installation and Maintenance of
Filtration Stations.--
``(1) Program.--The Administrator shall establish a program
to make grants to States to assist local educational agencies
in voluntary installation and maintenance of filtration
stations at schools and child care programs under the
jurisdiction of the local educational agencies.
``(2) Direct grants to local educational agencies.--The
Administrator may make a grant described in paragraph (1)
directly available to--
``(A) any local educational agency described in clause (i)
or (iii) of subsection (d)(1)(B) located in a State that does
not participate in the program established under paragraph
(1); or
``(B) any local educational agency described in clause (ii)
of subsection (d)(1)(B).
``(3) Use of funds.--Grants made under the program
established under this subsection may be used to pay the
costs of--
``(A) installation and maintenance of filtration stations
at schools and child care programs; and
``(B) annual testing of drinking water at such schools and
child care programs following the installation of filtration
stations.
``(4) Priority.--In making grants under the program
established under this subsection, the Administrator shall
give priority to States and local educational agencies that
will assist in voluntary installation and maintenance of
filtration stations at schools and child care programs that
are in low-income areas.
``(5) Guidance.--Not later than 180 days after the date of
enactment of this subsection, the Administrator shall
establish guidance to carry out the program established under
this subsection.
``(6) No prior testing required.--The program established
under this subsection shall not require testing for lead
contamination in drinking water at schools and child care
programs prior to participation in such program.
``(7) Definitions.--In this subsection:
``(A) Child care program and local educational agency.--The
terms `child care program' and `local educational agency'
have the meaning given such terms in subsection (d).
``(B) Filtration station.--The term `filtration station'
means an apparatus that--
``(i) is connected to building plumbing;
``(ii) is certified to the latest version of NSF/ANSI 53
for lead reduction and NSF/ANSI 42 for particulate reduction
(Class I) by a certification body accredited by the American
National Standards Institute National Accreditation Board;
``(iii) has an indicator to show filter performance;
``(iv) can fill bottles or containers for water
consumption; and
``(v) allows users to drink directly from a stream of
flowing water.
``(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $50,000,000
for each of fiscal years 2022 through 2031.''.
SEC. 13112. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS.
Section 1465(d) of the Safe Drinking Water Act (42 U.S.C.
300j-25(d)) is amended by striking ``2021'' and inserting
``2031''.
SEC. 13113. INDIAN RESERVATION DRINKING WATER PROGRAM.
Section 2001(d) of America's Water Infrastructure Act of
2018 (Public Law 115-270) is amended by striking ``2022'' and
inserting ``2031''.
SEC. 13114. ASSISTANCE FOR AREAS AFFECTED BY NATURAL
DISASTERS.
Section 2020 of America's Water Infrastructure Act of 2018
(Public Law 115-270) is amended--
(1) in subsection (b)(1), by striking ``subsection (e)(1)''
and inserting ``subsection (f)(1)'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(3) by inserting after subsection (b) the following:
``(c) Assistance for Territories.--The Administrator may
use funds made available under subsection (f)(1) to make
grants to Guam, the Virgin Islands, American Samoa, and the
Northern Mariana Islands for the purposes of providing
assistance to eligible systems to restore or increase
compliance with national primary drinking water
regulations.''; and
(4) in subsection (f), as so redesignated--
(A) in the heading, by striking ``State Revolving Fund
Capitalization''; and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``and to make grants under subsection (c) of this section,''
before ``to be available''; and
(ii) in subparagraph (A), by inserting ``or subsection (c),
as applicable'' after ``subsection (b)(1)''.
TITLE II--SAFETY
SEC. 13201. ENABLING EPA TO SET STANDARDS FOR NEW DRINKING
WATER CONTAMINANTS.
(a) In General.--Section 1412(b)(6) of the Safe Drinking
Water Act (42 U.S.C. 300g-1(b)(6)) is repealed.
(b) Conforming Amendments.--Section 1412(b) of the Safe
Drinking Water Act (42 U.S.C. 300g-1(b)) is amended--
(1) in paragraph (3)(C)(i)--
(A) by striking ``paragraph (5) or (6)(A)'' and inserting
``paragraph (5)''; and
(B) by striking ``paragraphs (4), (5), and (6)'' and
inserting ``paragraphs (4) and (5)''; and
(2) in paragraph (4)(B), by striking ``paragraphs (5) and
(6)'' and inserting ``paragraph (5)''.
SEC. 13202. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR
PFAS.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C.
300g-1(b)) is amended by adding at the end the following:
``(16) Perfluoroalkyl and polyfluoroalkyl substances.--
``(A) In general.--Not later than 2 years after the date of
enactment of this paragraph, the Administrator shall, after
notice and opportunity for public comment, promulgate a
national primary drinking water regulation for perfluoroalkyl
and polyfluoroalkyl substances, which shall, at a minimum,
include standards for--
``(i) perfluorooctanoic acid (commonly referred to as
`PFOA'); and
``(ii) perfluorooctane sulfonic acid (commonly referred to
as `PFOS').
``(B) Alternative procedures.--
``(i) In general.--Not later than 1 year after the
validation by the Administrator of an equally effective
quality control and testing procedure to ensure compliance
with the national primary drinking water regulation
promulgated under subparagraph (A) to measure the levels
described in clause (ii) or other methods to detect and
monitor perfluoroalkyl and polyfluoroalkyl substances in
drinking water, the Administrator shall add the procedure or
method as an alternative to the quality control and testing
procedure described in such national primary drinking water
regulation by publishing the procedure or method in the
Federal Register in accordance with section 1401(1)(D).
``(ii) Levels described.--The levels referred to in clause
(i) are--
``(I) the level of a perfluoroalkyl or polyfluoroalkyl
substance;
``(II) the total levels of perfluoroalkyl and
polyfluoroalkyl substances; and
``(III) the total levels of organic fluorine.
``(C) Inclusions.--The Administrator may include a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances on--
[[Page H3500]]
``(i) the list of contaminants for consideration of
regulation under paragraph (1)(B)(i), in accordance with such
paragraph; and
``(ii) the list of unregulated contaminants to be monitored
under section 1445(a)(2)(B)(i), in accordance with such
section.
``(D) Monitoring.--When establishing monitoring
requirements for public water systems as part of a national
primary drinking water regulation under subparagraph (A) or
subparagraph (G)(ii), the Administrator shall tailor the
monitoring requirements for public water systems that do not
detect or are reliably and consistently below the maximum
contaminant level (as defined in section 1418(b)(2)(B)) for
the perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances subject to the
national primary drinking water regulation.
``(E) Health protection.--The national primary drinking
water regulation promulgated under subparagraph (A) shall be
protective of the health of subpopulations at greater risk,
as described in section 1458.
``(F) Health risk reduction and cost analysis.--In meeting
the requirements of paragraph (3)(C), the Administrator may
rely on information available to the Administrator with
respect to one or more specific perfluoroalkyl or
polyfluoroalkyl substances to extrapolate reasoned
conclusions regarding the health risks and effects of a class
of perfluoroalkyl or polyfluoroalkyl substances of which the
specific perfluoroalkyl or polyfluoroalkyl substances are a
part.
``(G) Regulation of additional substances.--
``(i) Determination.--The Administrator shall make a
determination under paragraph (1)(A), using the criteria
described in clauses (i) through (iii) of that paragraph,
whether to include a perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances in the national primary drinking water regulation
under subparagraph (A) not later than 18 months after the
later of--
``(I) the date on which the perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances is listed on the list of
contaminants for consideration of regulation under paragraph
(1)(B)(i); and
``(II) the date on which--
``(aa) the Administrator has received the results of
monitoring under section 1445(a)(2)(B) for the perfluoroalkyl
or polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances; or
``(bb) the Administrator has received reliable water data
or water monitoring surveys for the perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances from a Federal or State agency
that the Administrator determines to be of a quality
sufficient to make a determination under paragraph (1)(A).
``(ii) Primary drinking water regulations.--
``(I) In general.--For each perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances that the Administrator determines
to regulate under clause (i), the Administrator--
``(aa) not later than 18 months after the date on which the
Administrator makes the determination, shall propose a
national primary drinking water regulation for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances; and
``(bb) may publish the proposed national primary drinking
water regulation described in item (aa) concurrently with the
publication of the determination to regulate the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances.
``(II) Deadline.--
``(aa) In general.--Not later than 1 year after the date on
which the Administrator publishes a proposed national primary
drinking water regulation under clause (i)(I) and subject to
item (bb), the Administrator shall take final action on the
proposed national primary drinking water regulation.
``(bb) Extension.--The Administrator, on publication of
notice in the Federal Register, may extend the deadline under
item (aa) by not more than 6 months.
``(H) Health advisory.--
``(i) In general.--Subject to clause (ii), the
Administrator shall publish a health advisory under paragraph
(1)(F) for a perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl substances not
subject to a national primary drinking water regulation not
later than 1 year after the later of--
``(I) the date on which the Administrator finalizes a
toxicity value for the perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances; and
``(II) the date on which the Administrator validates an
effective quality control and testing procedure for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances.
``(ii) Waiver.--The Administrator may waive the
requirements of clause (i) with respect to a perfluoroalkyl
or polyfluoroalkyl substance or class of perfluoroalkyl and
polyfluoroalkyl substances if the Administrator determines
that there is a substantial likelihood that the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances will not occur
in drinking water with sufficient frequency to justify the
publication of a health advisory, and publishes such
determination, including the information and analysis used,
and basis for, such determination, in the Federal
Register.''.
SEC. 13203. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR
MICROCYSTIN TOXIN.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C.
300g-1(b)) is further amended by adding at the end the
following:
``(17) Microcystin toxin.--
``(A) In general.--Notwithstanding any other deadline
established in this subsection, not later than 2 years after
the date of enactment of the Assistance, Quality, and
Affordability Act of 2021, the Administrator shall publish a
maximum contaminant level goal and promulgate a national
primary drinking water regulation for microcystin toxin.
``(B) Health protection.--The maximum contaminant level
goal and national primary drinking water regulation
promulgated under subparagraph (A) shall be protective of the
health of subpopulations at greater risk, as described in
section 1458.''.
SEC. 13204. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR
1,4-DIOXANE.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C.
300g-1(b)) is further amended by adding at the end the
following:
``(18) 1,4-dioxane.--
``(A) In general.--Notwithstanding any other deadline
established in this subsection, not later than 2 years after
the date of enactment of the Assistance, Quality, and
Affordability Act of 2021, the Administrator shall publish a
maximum contaminant level goal and promulgate a national
primary drinking water regulation for 1,4-dioxane.
``(B) Health protection.--The maximum contaminant level
goal and national primary drinking water regulation
promulgated under subparagraph (A) shall be protective of the
health of subpopulations at greater risk, as described in
section 1458.''.
SEC. 13205. ELIMINATION OF SMALL SYSTEM VARIANCES.
(a) Small System Variances.--Section 1415 (42 U.S.C. 300g-
4) of the Safe Drinking Water Act is amended by striking
subsection (e).
(b) Conforming Amendments.--
(1) Section 1412(b)(15) of the Safe Drinking Water Act (42
U.S.C. 300g-1(b)(15)) is amended by striking subparagraph
(D).
(2) Section 1414(c)(1)(B) of the Safe Drinking Water Act
(42 U.S.C. 300g-3(c)(1)(B)) is amended by striking ``,
(a)(2), or (e)'' and inserting ``or (a)(2)''.
(3) Section 1416(b)(2) of the Safe Drinking Water Act (42
U.S.C. 300g-5(b)(2)) is amended by striking subparagraph (D).
(4) Section 1445(h) of the Safe Drinking Water Act (42
U.S.C. 300j-4(h)) is amended--
(A) by striking ``sections 1412(b)(4)(E) and 1415(e)
(relating to small system variance program)'' and inserting
``section 1412(b)(4)(E)''; and
(B) by striking ``guidance under sections 1412(b)(4)(E) and
1415(e)'' and inserting ``guidance under section
1412(b)(4)(E)''.
TITLE III--AFFORDABILITY
SEC. 13301. EMERGENCY RELIEF PROGRAM.
Part F of the Safe Drinking Water Act (42 U.S.C. 300j-21 et
seq.) is amended by adding at the end the following new
section:
``SEC. 1466. EMERGENCY RELIEF PROGRAM.
``(a) Emergency Relief Program.--The Administrator shall
establish and carry out a residential emergency relief
program to provide payments to public water systems to
reimburse such public water systems for providing forgiveness
of arrearages and fees incurred by eligible residential
customers before the date of enactment of this section to
help such eligible residential customers retain, or reconnect
or restore, water service.
``(b) Conditions.--To receive funds under this section, a
public water system shall agree to--
``(1) except as otherwise provided in this section, use
such funds to forgive all arrearages and fees relating to
nonpayment or arrearages incurred by eligible residential
customers before the date of enactment of this section;
``(2) if forgiveness of all arrearages and fees described
in paragraph (1) is not possible given the amount of funds
received, except as otherwise provided in this section, use
such funds to reduce such arrearages and fees for each
eligible residential customer by, to the extent practicable,
a consistent percentage;
``(3) take no action that negatively affects the credit
score of an eligible residential customer, or pursue any type
of collection action against such eligible residential
customer, during the 5-year period that begins on the date on
which the public water system receives such funds;
``(4) not disconnect or interrupt the service of any
eligible residential customer as a result of nonpayment or
arrearages during such 5-year period; and
``(5) provide to the Administrator such information as the
Administrator determines appropriate.
``(c) Eligible Customers.--To be eligible for forgiveness
or reduction of arrearages and fees pursuant to the program
established under subsection (a), a residential customer of a
public water system shall have accrued new arrearages on or
after March 1, 2020.
``(d) Reconnection Expenses.--The Administrator, or a State
that is, pursuant to subsection (e), implementing the program
established under subsection (a), may authorize a public
water system receiving funds under this section to use up to
5 percent of such funds for expenses relating to reconnecting
or restoring water service, including expenses relating to
plumbing repairs and pipe flushing, as needed, for eligible
residential customers.
``(e) Administrative Expenses.--The Administrator may
authorize--
``(1) States to implement the program established under
subsection (a); and
[[Page H3501]]
``(2) a State implementing such program to use up to 4
percent of funds made available to carry out such program in
such State for administrative expenses.
``(f) Submissions to Congress.--Not later than 180 days
after the date of enactment of this section, and every other
month thereafter until all amounts made available under this
section are expended, the Administrator shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that describes--
``(1) each public water system that received a payment
under or pursuant to this section;
``(2) the total amount of each payment provided under or
pursuant to this section;
``(3) for each public water system receiving a payment
under or pursuant to this section--
``(A) the amount of arrearages and fees forgiven or
reduced;
``(B) the number of eligible residential customers
benefitting from forgiveness or reduction of arrearages and
fees under this section;
``(C) the amount of arrearages and fees of customers
described in subparagraph (B) incurred before the date of
enactment of this section that remain outstanding;
``(D) the number of eligible residential customers that did
not benefit from forgiveness or reduction of arrearages and
fees under this section; and
``(E) the amount of arrearages and fees of customers
described in subparagraph (D) incurred before the date of
enactment of this section that remain outstanding; and
``(4) a summary of any other information provided to the
Administrator by public water systems that receive a payment
pursuant to this section.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $4,000,000,000,
to remain available until expended.''.
SEC. 13302. LOW-INCOME DRINKING WATER ASSISTANCE PROGRAM.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) is further amended by adding at the end the following:
``SEC. 1459F. LOW-INCOME DRINKING WATER ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a community water system that is owned or operated by
a municipality, other than a small community-serving water
system; or
``(B) a State, with respect to a small community-serving
water system located in the State.
``(2) Household.--The term `household' means any individual
or group of individuals who are living together as 1 economic
unit.
``(3) Local drinking water access program.--The term `local
drinking water access program' means a program developed or
implemented by an eligible entity using a grant awarded under
this section.
``(4) Low-income household.--The term `low-income
household' means a household--
``(A) in which 1 or more individuals are receiving--
``(i) assistance under a State program funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.);
``(ii) supplemental security income payments under title
XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
``(iii) supplemental nutrition assistance program benefits
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.); or
``(iv) payments under--
``(I) section 1315, 1521, 1541, or 1542 of title 38, United
States Code; or
``(II) section 306 of the Veterans' and Survivors' Pension
Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95-
588); or
``(B) that has an income that--
``(i) as determined by the State in which the household is
located, does not exceed the greater of--
``(I) an amount equal to 150 percent of the poverty level;
and
``(II) an amount equal to 60 percent of the State median
income for that State; or
``(ii) does not exceed an amount, determined by an eligible
entity receiving a grant under this section, that--
``(I) is lower that the amount described in clause (i); and
``(II) is greater than or equal to 110 percent of the
poverty level.
``(5) Poverty level.--The term `poverty level' means, with
respect to a household in a State, the income described in
the poverty guidelines issued by the Secretary of Health and
Human Services pursuant to section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902), as applicable to
the household.
``(6) Small community-serving water system.--The term
`small community-serving water system' means a community
water system that provides drinking water services to a
municipality with a population of fewer than 10,000
residents, at least 20 percent of whom are at or below the
poverty level.
``(7) State median income.--The term `State median income'
has the meaning given that term in section 2603 of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).
``(b) Establishment.--
``(1) In general.--The Administrator shall establish a
Federal low-income drinking water assistance program to award
grants to eligible entities to develop and implement local
drinking water access programs to assist low-income
households in maintaining access to affordable drinking
water.
``(2) Requirements for small community-serving water
systems.--In order for a State to be eligible to receive a
grant under this section for a small community-serving water
system, the State and the small community-serving water
system shall enter into a memorandum of understanding, under
which the State shall--
``(A) submit to the Administrator an application under
paragraph (6) for the small community-serving water system;
and
``(B) on receipt of a grant under this section, develop and
implement a local drinking water access program for the small
community-serving water system.
``(3) Limitations.--A grant awarded under this subsection--
``(A) shall not be used to replace funds for any existing
similar local program to assist low-income households in
maintaining access to affordable drinking water; but
``(B) may be used to supplement or enhance such a local
program.
``(4) Term.--The term of a grant awarded under this
subsection shall be one year.
``(5) Minimum local program requirements.--
``(A) In general.--Not later than 6 months after the date
of enactment of this section, the Administrator shall
develop, in consultation with relevant stakeholders, the
minimum requirements for a local drinking water access
program.
``(B) Inclusions.--The local drinking water access program
requirements developed under subparagraph (A) may include--
``(i) direct financial assistance;
``(ii) a lifeline rate;
``(iii) bill discounting;
``(iv) special hardship provisions;
``(v) a percentage-of-income payment plan;
``(vi) water efficiency assistance, including subsidizing
the cost of the installation of water efficient fixtures or
leak repair work that is carried out or contracted by a
homeowner; or
``(vii) any other form of assistance identified by the
Administrator.
``(6) Application.--
``(A) In general.--To receive a grant under this
subsection, an eligible entity shall submit to the
Administrator an application that demonstrates that--
``(i) the proposed local drinking water access program
meets the requirements developed under paragraph (5); and
``(ii) the proposed local drinking water access program
will treat households that live in owner-occupied homes and
households that live in rental housing equitably.
``(B) Additional requirements.--In the case of an eligible
entity described in subsection (a)(1)(A), to receive a grant
under this subsection, the eligible entity shall include in
an application submitted under subparagraph (A) information
demonstrating that--
``(i) the eligible entity has--
``(I) a long-term financial plan based on an analysis of
the rates the applicable community water system charges for
drinking water services;
``(II) an asset management plan;
``(III) a capital improvement plan with a period of not
less than 20 years;
``(IV) a fiscal management plan; or
``(V) another plan similar to the plans described in
subclauses (I) through (IV);
``(ii) a grant awarded under this subsection would support
the efforts of the eligible entity to generate the necessary
funds to achieve or maintain compliance with this Act while
mitigating the cost to low-income households; and
``(iii) the eligible entity has the capacity to create and
implement an effective community outreach plan to inform low-
income households of the local drinking water access program
and assist with enrollment.
``(7) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to applications for
local drinking water access programs with respect to which--
``(A) the owner or operator of the applicable community
water system--
``(i) owns or operates a--
``(I) treatment works (as defined in section 212 of the
Federal Water Pollution Control Act (33 U.S.C. 1292)) for
municipal waste; or
``(II) a municipal separate storm sewer system (as such
term is used in the Federal Water Pollution Control Act); and
``(ii) is subject to a consent decree relating to
compliance with the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) with respect to a treatment works or
system described in clause (i);
``(B) the residential customers of the applicable community
water system have experienced rate or fee increases for
drinking water services or wastewater services (including
stormwater services) of 30 percent or more during the 3-year
period ending on the date of enactment of this section; or
``(C) the eligible entity will provide matching funds in an
amount equal to or greater than the amount of the grant.
``(8) Reporting requirements.--
``(A) In general.--As a condition of receiving a grant
under this subsection, an eligible entity shall submit to the
Administrator, in a manner determined by the Administrator,
information regarding the applicable local drinking water
access program, including--
``(i) key features, including--
``(I) rate structures, rebates, discounts, and related
initiatives that assist low-income households;
``(II) billing methods that average rates over the course
of a year, known as `budget billing';
``(III) bill timing; and
``(IV) procedures that ensure that households receive
notice and an opportunity to respond before service is
disconnected or interrupted due to nonpayment;
``(ii) sources of funding;
``(iii) eligibility criteria;
``(iv) participation rates by households;
``(v) the average amount of assistance provided to low-
income households that participate in the program;
[[Page H3502]]
``(vi) program costs;
``(vii) the demonstrable impacts of the program on
arrearage and service disconnection for low-income households
that participate in the program, based on data from before
and after the implementation of the program, to the maximum
extent practicable; and
``(viii) other relevant information required by the
Administrator.
``(B) Publication.--The Administrator shall annually
publish a report that compiles and summarizes the information
submitted under subparagraph (A).
``(9) Assistance exempt from taxation.--Notwithstanding any
other provision of law, assistance provided to a low-income
household under a local drinking water access program shall
not be includible in the gross income of the recipient of
such assistance for purposes of the Internal Revenue Code of
1986.
``(c) Technical Assistance.--The Administrator shall
provide technical assistance to each eligible entity that
receives a grant under this section to ensure--
``(1) full implementation of the applicable local drinking
water access program; and
``(2) maximum enrollment of low-income households in the
applicable local drinking water access program, including
through--
``(A) community outreach campaigns; or
``(B) coordination with local health departments to
determine the eligibility of households for assistance.
``(d) Report.--Not later than 2 years after the date on
which grant funds are first disbursed to an eligible entity
under this section, and annually thereafter, the
Administrator shall submit to Congress a report on the
results of the Federal program established under this
section.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $4,000,000,000,
to remain available until expended.''.
SEC. 13303. LOW-INCOME WASTEWATER ASSISTANCE PROGRAM.
Title I of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) is amended by adding at the end the
following:
``SEC. 124. LOW-INCOME WASTEWATER ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) Covered facility.--The term `covered facility'
means--
``(A) a treatment works for municipal waste; or
``(B) a municipal separate storm sewer system.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a municipality that owns or operates a covered
facility, other than a small community-serving wastewater
facility;
``(B) 2 or more municipalities described in subparagraph
(A) that have entered into a partnership agreement or a
cooperative agreement; or
``(C) a State, with respect to a small community-serving
wastewater facility located in the State.
``(3) Household.--The term `household' means any individual
or group of individuals who are living together as 1 economic
unit.
``(4) Local wastewater services access program.--The term
`local wastewater services access program' means a program
developed or implemented by an eligible entity using a grant
awarded under this section.
``(5) Low-income household.--The term `low-income
household' means a household--
``(A) in which 1 or more individuals are receiving--
``(i) assistance under a State program funded under part A
of title IV of the Social Security Act (42 U.S.C. 601 et
seq.);
``(ii) supplemental security income payments under title
XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
``(iii) supplemental nutrition assistance program benefits
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.); or
``(iv) payments under--
``(I) section 1315, 1521, 1541, or 1542 of title 38, United
States Code; or
``(II) section 306 of the Veterans' and Survivors' Pension
Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95-
588); or
``(B) that has an income that--
``(i) as determined by the State in which the household is
located, does not exceed the greater of--
``(I) an amount equal to 150 percent of the poverty level;
and
``(II) an amount equal to 60 percent of the State median
income for that State; or
``(ii) does not exceed an amount, determined by an eligible
entity receiving a grant under this section, that--
``(I) is lower that the amount described in clause (i); and
``(II) is greater than or equal to 110 percent of the
poverty level.
``(6) Poverty level.--The term `poverty level' means, with
respect to a household in a State, the income described in
the poverty guidelines issued by the Secretary of Health and
Human Services pursuant to section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902), as applicable to
the household.
``(7) Small community-serving wastewater facility.--The
term `small community-serving wastewater facility' means a
covered facility that provides services to municipality with
a population of fewer than 10,000 residents, at least 20
percent of whom are at or below the poverty level.
``(8) State median income.--The term `State median income'
has the meaning given that term in section 2603 of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).
``(b) Establishment.--
``(1) In general.--The Administrator shall establish a
Federal low-income wastewater assistance program to award
grants to eligible entities to develop and implement local
wastewater access programs to assist low-income households in
maintaining access to affordable wastewater services,
including municipal stormwater services.
``(2) Requirements for small community-serving wastewater
facilities.--In order for a State to be eligible to receive a
grant under this section for a small community-serving
wastewater facility, the State and the small community-
serving wastewater facility shall enter into a memorandum of
understanding, under which the State shall--
``(A) submit to the Administrator an application under
paragraph (6) for the small community-serving wastewater
facility; and
``(B) on receipt of a grant under this section, develop and
implement a local wastewater access program for the small
community-serving wastewater facility.
``(3) Limitations.--A grant awarded under this subsection--
``(A) shall not be used to replace funds for any existing
similar local program to assist low-income households in
maintaining access to affordable wastewater services,
including municipal stormwater services; but
``(B) may be used to supplement or enhance such a local
program.
``(4) Term.--The term of a grant awarded under this
subsection shall be one year.
``(5) Minimum local program requirements.--
``(A) In general.--Not later than 6 months after the date
of enactment of this section, the Administrator shall
develop, in consultation with relevant stakeholders, the
minimum requirements for a local wastewater access program.
``(B) Inclusions.--The local wastewater access program
requirements developed under subparagraph (A) may include--
``(i) direct financial assistance;
``(ii) a lifeline rate;
``(iii) bill discounting;
``(iv) special hardship provisions;
``(v) a percentage-of-income payment plan;
``(vi) water efficiency assistance, including subsidizing
the cost of the installation of water efficient fixtures or
leak repair work that is carried out or contracted by a
homeowner; or
``(vii) any other form of assistance identified by the
Administrator.
``(6) Application.--
``(A) In general.--To receive a grant under this
subsection, an eligible entity shall submit to the
Administrator an application that demonstrates that--
``(i) the proposed local wastewater access program meets
the requirements developed under paragraph (5); and
``(ii) the proposed local wastewater access program will
treat households that live in owner-occupied homes and
households that live in rental housing equitably.
``(B) Additional requirements.--In the case of an eligible
entity described in subsection (a)(1)(A), to receive a grant
under this subsection, the eligible entity shall include in
an application submitted under subparagraph (A) information
demonstrating that--
``(i) the eligible entity has--
``(I) a long-term financial plan based on an analysis of
the rates the applicable covered facility charges for
services;
``(II) an asset management plan;
``(III) a capital improvement plan with a period of not
less than 20 years;
``(IV) a fiscal management plan; or
``(V) another plan similar to the plans described in
subclauses (I) through (IV);
``(ii) a grant awarded under this subsection would support
the efforts of the eligible entity to generate the necessary
funds to achieve or maintain compliance with this Act while
mitigating the cost to low-income households; and
``(iii) the eligible entity has the capacity to create and
implement an effective community outreach plan to inform low-
income households of the local wastewater access program and
assist with enrollment.
``(7) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to applications for
local wastewater access programs with respect to which--
``(A) the applicable covered facility is subject to a
consent decree relating to compliance with this Act;
``(B) the residential customers of the applicable covered
facility have experienced rate or fee increases for drinking
water services or wastewater services (including stormwater
services) of 30 percent or more during the 3-year period
ending on the date of enactment of this section;
``(C) the eligible entity develops an equivalent program,
as determined by the Administrator, that is administered
separately by the eligible entity;
``(D) matching funds will be provided in an amount equal to
or greater than the amount of the grant; or
``(E) the eligible entity is described in subsection
(a)(2)(B).
``(8) Reporting requirements.--
``(A) In general.--As a condition of receiving a grant
under this subsection, an eligible entity shall submit to the
Administrator, in a manner determined by the Administrator,
information regarding the applicable local wastewater access
program, including--
``(i) key features, including--
``(I) rate structures, rebates, discounts, and related
initiatives that assist low-income households;
``(II) billing methods that average rates over the course
of a year, known as `budget billing'; and
``(III) bill timing;
``(ii) sources of funding;
``(iii) eligibility criteria;
``(iv) participation rates by households;
``(v) the average amount of assistance provided to low-
income households that participate in the program;
[[Page H3503]]
``(vi) program costs;
``(vii) the demonstrable impacts of the program on
arrearage and service disconnection for low-income households
that participate in the program, based on data from before
and after the implementation of the program, to the maximum
extent practicable; and
``(viii) other relevant information required by the
Administrator.
``(B) Publication.--The Administrator shall annually
publish a report that compiles and summarizes the information
submitted under subparagraph (A).
``(9) Assistance exempt from taxation.--Notwithstanding any
other provision of law, assistance provided to a low-income
household under a local wastewater access program shall not
be includible in the gross income of the recipient of such
assistance for purposes of the Internal Revenue Code of 1986.
``(c) Technical Assistance.--The Administrator shall
provide technical assistance to each eligible entity that
receives a grant under this section to ensure--
``(1) full implementation of the applicable local
wastewater access program; and
``(2) maximum enrollment of low-income households in the
applicable local wastewater access program, including
through--
``(A) community outreach campaigns; or
``(B) coordination with local health departments to
determine the eligibility of households for assistance.
``(d) Report.--Not later than 2 years after the date on
which grant funds are first disbursed to an eligible entity
under this section, and annually thereafter, the
Administrator shall submit to Congress a report on the
results of the Federal program established under this
section.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated carry out this section $4,000,000,000, to
remain available until expended.''.
SEC. 13304. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN
LOW-INCOME COMMUNITY WATER ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Household.--The term ``household'' means any individual
or group of individuals who are living together as 1 economic
unit.
(3) Low-income household.--The term ``low-income
household'' means a household--
(A) in which 1 or more individuals are receiving--
(i) assistance under a State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(ii) supplemental security income payments under title XVI
of the Social Security Act (42 U.S.C. 1381 et seq.);
(iii) supplemental nutrition assistance program benefits
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.); or
(iv) payments under--
(I) section 1315, 1521, 1541, or 1542 of title 38, United
States Code; or
(II) section 306 of the Veterans' and Survivors' Pension
Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95-
588); or
(B) that has an income that, as determined by the State in
which the household is located, does not exceed the greater
of--
(i) an amount equal to 150 percent of the poverty level;
and
(ii) an amount equal to 60 percent of the State median
income for that State.
(4) Poverty level.--The term ``poverty level'' means, with
respect to a household in a State, the income described in
the poverty guidelines issued by the Secretary of Health and
Human Services pursuant to section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902), as applicable to
the household.
(5) State median income.--The term ``State median income''
has the meaning given that term in section 2603 of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).
(b) Study; Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Administrator shall conduct, and
submit to Congress a report describing the results of, a
study regarding the prevalence throughout the United States
of low-income households that do not have access to--
(A) affordable and functional centralized or onsite
wastewater services that protect the health of individuals in
the households;
(B) affordable municipal stormwater services; or
(C) affordable public drinking water services to meet
household needs.
(2) Inclusions.--The report under paragraph (1) shall
include--
(A) recommendations of the Administrator regarding the best
methods to increase access to the services described in
paragraph (1);
(B) a description of the cost of each method described in
subparagraph (A);
(C) a description of all consultation with relevant
stakeholders carried out in developing the report; and
(D) a description of the results of the study with respect
to low-income households that live in rental housing and do
not receive bills for such services, but pay for the services
indirectly through rent payments.
(3) Agreements.--The Administrator may enter into an
agreement with another Federal agency to carry out the study
under paragraph (1).
TITLE IV--OTHER MATTERS
SEC. 13401. SMALL URBAN AND RURAL WATER SYSTEM CONSOLIDATION
REPORT.
(a) Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on issues relating to the
potential for consolidation of distressed small water
systems.
(2) Inclusions.--The report submitted under paragraph (1)
shall include--
(A) information on--
(i) the amount of debt of covered small water systems;
(ii) whether the budgets of covered small water systems are
balanced;
(iii) the degree to which covered small water systems defer
infrastructure improvements;
(iv) the degree to which covered small water systems are
not in compliance with applicable Federal and State water
quality standards;
(v) how rates charged by covered small water systems for
service relate to the costs for maintenance of, and
improvements to, such systems; and
(vi) how the management, financial, and technical capacity
of covered small water systems affects the ability of such
systems to provide service at affordable rates;
(B) an evaluation of--
(i) whether covered small water system infrastructure is
failing, resulting in a temporary or permanent loss of
essential functions or services; and
(ii) how to prevent covered small water systems from
becoming distressed small water systems;
(C) policy recommendations for how Congress may support the
consolidation of distressed small water systems; and
(D) best practices and guidelines the Administrator of the
Environmental Protection Agency may use to assist State and
local governments with facilitating the consolidation of
distressed small water systems.
(b) Definitions.--In this section:
(1) Consolidation.--The term ``consolidation'' means, with
respect to a public water system, any of the actions
described in subparagraphs (A) through (D) of section
1414(h)(1) of the Safe Drinking Water Act (42 U.S.C. 300g-
3(h)(1)).
(2) Covered small water system.--The term ``covered small
water system'' means a public water system that serves--
(A) fewer than 50,000 individuals; and
(B) a disadvantaged community or an environmental justice
community.
(3) Disadvantaged community.--The term ``disadvantaged
community'' has the meaning given such term in section
1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(d)(3)).
(4) Distressed small water system.--The term ``distressed
small water system'' means a covered small water system--
(A) that is unable to carry out necessary maintenance of,
and improvements to, such system in order to--
(i) comply with applicable Federal and State water quality
standards; or
(ii) provide reliable and affordable service to customers
while complying with such water quality standards; and
(B) with respect to which consolidation may be necessary to
address the issues described in subparagraph (A).
(5) Environmental justice community.--The term
``environmental justice community'' has the meaning given
such term in section 1452(u)(11) of the Safe Drinking Water
Act.
(6) Public water system.--The term ``public water system''
has the meaning given such term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
90 minutes, with 60 minutes equally divided and controlled by the chair
and ranking minority member of the Committee on Transportation and
Infrastructure, and 30 minutes equally divided and controlled by the
chair and ranking minority member of the Committee on Energy and
Commerce.
The gentleman from Oregon (Mr. DeFazio) and the gentleman from
Missouri (Mr. Graves) each will control 30 minutes. The gentleman from
New Jersey (Mr. Pallone) and the gentleman from Washington (Mrs.
Rodgers) each will control 15 minutes.
The Chair recognizes the gentleman from Oregon.
General Leave
Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 3684, the INVEST in America
Act.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I include in the Record a letter of support for H.R.
3684 from 113 organizations supporting the Water Quality Protection and
Job Creation Act of 2021.
113 Organizations Supporting the Water Quality Protection and Job
Creation Act of 2021
Alliance for American Manufacturing (AAM), The Alliance for
the Great Lakes, American Concrete Pavement Association,
American Concrete Pipe Association, American Concrete
Pressure Pipe Association, American Concrete Pumping
Association,
[[Page H3504]]
American Council of Engineering Companies (ACEC), American
Foundry Society (AFS), American Iron and Steel Institute
(AISI), American Public Works Association (APWA), American
Rivers, American Sustainable Business Council, American
Society of Civil Engineers (ASCE), American Society of
Landscape Architects (ASLA), Associated General Contractors
of America (AGC), Association of Equipment Manufacturers
(AEM), BlueGreen Alliance, California Association of
Sanitation Agencies (CASA), Center for Biological Diversity,
Chesapeake Bay Foundation, Clean Water Construction
Coalition, Clean Water For All, Academy of Natural Sciences
of Drexel University, Advocates for Clean & Clear Waterways,
Alabama Rivers Alliance, Anthropocene Alliance.
Children's Environmental Health Network, Clean Water
Action, Community Water Center, Conservative Voters of PA,
Earthjustice, Environmental League of Massachusetts, For Love
of Water (FLOW), Freshwater Future, Georgia Conservation
Voters, GreenLatinos, Healthy Gulf, Illinois Council of Trout
Unlimited, Illinois Environmental Council, Junction
Coalition, Maine Conservation Voters, Massachusetts Rivers
Alliance, Mississippi River Collaborative, Montana
Conservation Voters, National Latino Farmers & Ranchers Trade
Association, National Parks Conservation Association, NC
Conservation Network, New York League of Conservation Voters,
Ocean River Institute, Ohio Valley Environmental Coalition,
Pennsylvania Council of Churches, Tennessee Clean Water
Network, Vermont Conservation Voters, Virginia League of
Conservation Voters, Wisconsin Conservation Voters, Concrete
Foundations Association, Concrete Reinforcing Steel
Institute, Committee on Pipe and Tube Imports (CPTI), Ducks
Unlimited (DU), Eastern Municipal Water District.
Environment America, Environmental Working Group (EWG),
Healing Our Waters-Great Lakes Coalition, Hydraulic
Institute, International Union of Operating Engineers (IUOE),
International Union of Painters and Allied Trades (IUPAT),
Laborers' International Union of North America (LiUNA), Los
Angeles County Sanitation, Districts (LACSD), League of
Conservation Voters (LCV), Municipal Castings Association,
National Association of Clean Water Agencies (NACWA),
National Association of Counties (NACO), National Association
of Flood & Stormwater Management Agencies (NAFSMA), National
Association of Sewer Service Companies (NASSCO), National
Concrete Masonry Association, National League of Cities
(NLC), National Municipal Stormwater Alliance (NMSA),
National Onsite Wastewater Recycling Association (NOWRA),
National Precast Concrete Association, National Ready Mixed
Concrete Association, National Sand, Stone & Gravel
Association (NSSGA), National Utility Contractors Association
(NUCA), National Water Resources Association (NWRA), National
Waterways Conference, National Wildlife Federation (NWF).
Natural Resources Defense Council (NRDC), The Nature
Conservancy, Orenco Systems Inc, Puyallup Tribe of Indians,
Plastics Pipe Institute, Precast/Prestressed Concrete
Institute, Portland Cement Association (PCA), Rural Community
Assistance Partnership (RCAP), Sierra Club, Southern
Environmental Law Center (SELC), Surfrider Foundation,
Theodore Roosevelt Conservation Partnership (TRCP), Tilt-up
Concrete Association, Trout Unlimited, United Association of
Union, Plumbers and Pipefitters (UA), U.S. Chamber of
Commerce, United States Conference of Mayors, Vinyl
Institute, Water Environment Federation (WEF), Water Equity
and Climate Resilience Caucus, Water Replenishment District
(WRD), WateReuse Association, Water Infrastructure Network
(WIN), Grasslands Water District--GWD, Milwaukee Metropolitan
Sewerage District--MMSD, National Electrical Contractors
Association--NECA, United Association of Plumbers and
Pipefitters--The United, Western Recycled Water Coalition.
Mr. DeFAZIO. Mr. Speaker, I include in the Record a letter from
Chairwoman Eddie Bernice Johnson of the House Committee on Science,
Space, and Technology, to waive consideration of H.R. 3684, as amended,
as well as my response to Chairwoman Johnson expressing appreciation
for her willingness to work cooperatively on this legislation.
Mr. Speaker, the INVEST in America Act before us today is
generational transformational in terms of what we are going to do in
terms of 21st century surface transportation and water infrastructure.
We are going to move past the Eisenhower era of the 1950s.
During the Eisenhower era, the existential threat to the United
States was invasion or attack by Russia. The National Defense Highway
System was built to move military equipment to the coast, and it was
also built to evacuate our cities in times of nuclear war.
Now we have a different existential threat, which is climate change.
Tackling climate change is a Herculean task.
Some may ask: Why address it in the transportation bill?
In fact, we will hear that from the other side.
Because the transportation sector is the single largest carbon
emitter in the United States of America, and it would be foolish and
irresponsible to continue pouring taxpayer money into the old way of
thinking, that we must merely expand highways.
We know now that doing that creates induced demand. You add more
lanes, attract more cars and, before long, congestion returns and you
are right back where you started, except now you have bad traffic and
more carbon pollution.
According to the Texas A&M Transportation Institute, in the last 25
years, we have built 35,000 lane miles in our 100 largest cities, and
the cost of congestion and delay have gone up six times.
Should we keep doing that?
No. It is not working.
There are alternatives. We have a great opportunity.
The infrastructure of the Eisenhower era is crumbling, threatening
safety, quality of life, and economic competitiveness. In fact, some of
the infrastructure we are living off, like the critical Baltimore rail
tunnel, was built in 1872. It is not going to last long. It is brick
and it is leaking water.
The tunnels under the Hudson are subject to failure in the not-too-
distant future. They were built in 1908. We had great engineers at the
time, but now we have become so puny, we can't do big projects like
that.
No, that is not the United States of America. That is not the
American way. We can tackle these challenges, and we will. And climate
change is part of what we have to deal with.
I hear a lot from the other side about we want resilience.
Resilience to what? Sea level rise? Why is the sea level rising?
Hmm, I don't know.
Severe weather events?
Nope.
But in my region, just this week, an unprecedented heat wave--
unprecedented in the history of the United States and western Canada,
by far; 40 degrees above normal--pavement buckled and melted, cables
supplying power to transit melted, high tension lines sagged. Luckily,
we got the trees out from under them. They didn't cause fires this
time.
We have to rebuild this infrastructure to deal with the threats of
the 21st century, and this is a tremendous opportunity.
We have long had problems with inequality and racial injustice
perpetuated by transportation programs, policies, and funding
decisions. We have a major section in this bill to right those wrongs
and provide new opportunities for those communities and rejoin some of
those communities; social equity.
U.S. infrastructure was once the envy of the world. We are now 13th
and plummeting fast. We are kind of a joke around the world. China is
putting 6 percent of their GDP into transportation infrastructure. We
are putting in one-half of 1 percent.
We are going to compete with that?
Other competitive nations in Europe are putting in 2 or 3 percent of
their GDP. We are putting in a fraction of that.
You know, we have water mains that explode, sewers that back up, and
bridges that collapse. We have decrepit transit, $100 billion to bring
up to state of good repair, and it breaks down when people are trying
to get to work. We have potholes that cost every American between $560
and $1,000 a year in car repairs. The cost of delays is $170 billion,
which is way more than we are spending on investment in transportation
infrastructure.
A rising China is threatening to take over the future of
transportation in the world. We cannot let the Chinese do this yet
again and steal those jobs from America. We have to move toward the
future.
We have General Motors, all electric in 2035. The Ford electric
Mustang is outselling the fossil fuel Mustang. Hey, it is faster. I
have driven a semi-truck made by Volvo. But there are four
manufacturers making them, an 80,000-pound capable semi-tractor. Fred
Smith from FedEx is going all electric, but he says there is no place
to charge them.
We have to meet this challenge, and part of this bill is EV
challenging on the backbone of the national highway network.
We are also going to put significant funds into safety. We are having
huge
[[Page H3505]]
problems with safety: growing deaths in pedestrian, cycling, and
others. We have to promote those modes, make them safe. More people
will use them. We are making a major investment there, fossil fuel
free.
This bill is going to focus on bringing things to a state of good
repair. 47,000 bridges on the National Highway System need substantial
repair or replacement, and an infinite number of off-system bridges. We
are creating a new program for off-highway-system bridges; a new
program for rural bridges; a new program for the 10 most economically
significant bridges in the country, including ones like the Brent
Spence Bridge, which is going to collapse or be closed in 8 years,
connecting Kentucky and Ohio.
Those things are in this bill. If we don't do this bill, then we are
doomed to an even more inefficient and decrepit future.
We are going to make historic investments in transit, helping to
address, as I mentioned, the $100 billion state of good repair backlog.
We are closing the last loopholes in transit.
We are going to get two Chinese companies--predatory Chinese
companies out of here, making electric buses and rail. And we are going
to make all of that stuff in the United States of America and create
one heck of a lot of jobs. Maybe we will even export electric buses to
the rest of the world.
Then beyond that, you know, we are going to be a leader in the clean
energy economy. That is the future. It is the future. It is the
business case. It is where the corporations are going, except parts of
the fossil fuel industry. Even ExxonMobil is talking about spending
$100 billion on carbon capture and sequestration; even ExxonMobil.
But there are other parts of the fossil fuel industry that are, like,
``No, you stick with us. Stick with fossil fuel. Don't allow them to do
this electrification stuff. Don't talk about climate change. Carbon
pollution doesn't do anything.''
No, none of that is true, and we have to deal with it.
It offers opportunities to communities of all sizes: urban, suburban,
and rural. There's a 50 percent increase for rural transit, $37 billion
from the Surface Transportation Program suballocated to local
communities, not the biggest cities. We create several new multimodal
discretionary grant programs, including the Community Transportation
and Community Climate grants, for local government applicants.
For the first time in a decade, we provided bipartisan member-
designated projects. 109 Republicans applied for projects. Everyone was
offered $20 million under very strict guidelines agreed to by the
majority and the minority. We cleaned that up.
Some people are saying: Well, this is bad; it is poor.
No. Does the Federal DOT or your State DOT know what you need most in
your district? What your city needs? What your county needs?
You know better, but sometimes they just ignore it. They are focused
on the capitol; they are focused on the biggest cities; they are
focused on Washington, D.C., who knows what.
So we have those projects in this bill.
Someone said: Well, if the Republicans won't vote for it, are you
going to strip them out?
I said: No. These are meritorious projects that have gone through a
vetting process. They will stay in. This is helping local communities.
Now, I also have to say that we have had issues with the DBE--
Disadvantaged Business Enterprise--program at the Department of
Transportation. Discrimination is still a barrier for many to get into
constructing and maintaining our Surface Transportation Program.
Mr. Speaker, I include in the Record a more comprehensive statement
about the need for this crucial program, along with a list of several
key studies on discrimination used to help inform the reauthorization
of the DBE program. It includes a historic $95 billion in rail
investment. That is about a 500 percent increase.
We are going to begin to join city pairs so people can get off the
highways.
Virginia is doing a great project. Instead of putting two more lanes,
which would be immediately congested, for $12 billion on I-95, they are
going to build a rail project with a new bridge over the Potomac River,
partnering with CSX for half the cost, and reduce congestion more and
give people a better commute. We need to be looking at that model
around the country.
{time} 1715
The bill includes $32 billion for Amtrak. It also has money for a new
program, PRIME, the Passenger Rail Improvement, Modernization, and
Expansion program, a $25 billion competitive grant program for States
and localities to launch high-speed and intercity rail development.
It tackles big rail projects that need significant investment to get
off the ground. The $25 billion Bridges, Stations, and Tunnels, or
BeST--I mentioned the Baltimore tunnel earlier--directed grant program
funds bridges, stations, and tunnels that have total project costs of
$500 million or more, which cannot just be carried by local
communities.
I previously mentioned robust safety programs.
It also includes the first reauthorization of the Clean Water State
Revolving Fund since 1987.
When I was a county commissioner, we got a 75 percent match from the
Federal Government to build a system that is still serving a community
twice that size today. Today, if we went to the Federal Government for
a match, they would say, ``Sorry, we don't help you with wastewater.''
Wastewater does not observe city limits. It does not observe county
lines. It does not observe State lines. It does not observe
international boundaries. It is a national problem, and our communities
need help.
I was on a statewide call with county commissioners, 75 percent of
them Republicans. They are begging--begging--in these rural counties
for help with wastewater and drinking water. We have to step up to the
plate on that. This will be the first reauthorization in many, many
years.
We are going to move forward with this bill, and every part of this
bill is backed by the strongest Buy America requirements, labor
protections, and new investments in worker training safety. I wish some
of the other departments of the Federal Government, particularly the
Pentagon, would follow our model to create more jobs in America.
It is not enough just to transform it. We need to ensure our
investments create good-paying jobs, revitalize American manufacturing,
help us compete in the clean energy economy, and lead the world once
again, as we were the envy of the world in the 1970s and up to about
the early 1980s.
This is a chance to reform and rebuild our infrastructure for the
future. It is an opportunity to improve safety, equity, and access for
all Americans. It is an urgent call to confront the existential threat
of climate change and leave a better world for future generations.
This is a transformative bill that will improve mobility, economic
competitiveness, and the quality of life in communities across the
country. Infrastructure is calling, and Congress must finally answer
the call.
Chairman Peter DeFazio Statement for the Record on DBE Program and
Disparity Studies Submitted to the Record INVEST in America Act,
General Debate, June 30, 2021. I include in the Record:
The INVEST in America Act once again reauthorizes the
critically important Disadvantage Business Enterprise, or
DBE, program at the Department of Transportation.
Unfortunately, even with the DBE Program, discrimination
still haunts us in the market to construct and maintain our
federal surface transportation system. We hear about it from
constituents and others who work as contractors in the
transportation industry. We've read about it in personal
statements submitted by women- and minority- small business
owners from across the country. And we see it reflected in
mounds of statistical evidence compiled by my Committee. This
evidence includes many thousands of pages of rigorous
statistical analysis demonstrating clear disparities between
the capacity of minority- and women-owned businesses to
compete for federal dollars, and the utilization of that
capacity by federal contractors.
These studies represent thousands of pages of complex
rigorous analysis by many different authors in every region
of our nation. And while the findings are better than in the
early days of the DBE program, we still have a long way to
go. I'd like to just highlight a tiny fraction of the
information found in these studies:
[[Page H3506]]
Just so my colleagues don't think I am picking on their
states, let me start with Oregon. The 2016 ODOT Disparity
Study found that women- and minority-owned firms only won 61
cents on the dollar of what we would expect given their
availability on state and federally funded highway contracts.
Non-minority women, African Americans and Native Americans
did even worse at 52 cents, 58 cents and 49 cents
respectively.
In Texas DOT spending, women and minority owned firms as a
group won only 60 cents on the dollar of what we might have
expected for state-funded transportation projects given their
availability in the market. Non-minority women, African
Americans, Hispanic Americans and Native Americans all did
worse. Indeed, African Americans won only 22 cents on the
dollar and Native Americans won only 18 cents on the dollar.
The numbers were even worse when considering only federal
funds--32 cents on the dollar when considering Federal
Highway Administration contracts alone.
For Maryland, which has had one of the more robust and
continuously operated DBE programs in the nation, DBEs still
get only 70 cents on the dollar of combined federal and state
transportation funding. For African Americans, the number is
50 cents, for Native Americans it's 43 cents and for non-
minority women, the number is 56 cents.
Sadly, in the transit industry, things are not much better.
For instance, an analysis of contracting for the Los Angeles,
California, Metropolitan Transportation Authority, found that
firms owned by women and minorities make about 74 cents on
the dollar of what we would expect given their representation
in the marketplace. For non-minority women, the number was 59
cents and for African Americans it was 51 cents.
These same troubling statistics are repeated in cities and
states that spend some of their budgets on surface
transportation and similar construction, architecture, and
engineering projects. For instance, the 2018 study for the
Nashville, Tennessee area found that women- and minority-
owned business enterprises got 54 cents of every one dollar
in construction prime contracting; Asian American firms were
at 25 cents on the dollar; and firms owned by Hispanic
Americans earned only 1 cent of every dollar of what we would
expect given their marketplace representation.
There's no doubt that things are better today than before
the DBE Program--more firms owned by women and minorities get
work than they did forty years ago. But the progress has been
slow, halting, and exceedingly fragile. One of the powerful
things about the disparity study evidence we have collected
is the diversity of approaches and analyses these documents
provide. Some studies, for instance, not only study
disparities in the public and private surface transportation
markets, but they also attempt to analyze what might occur if
the DBE program no longer existed. One interesting example is
found in the LA Metro study where they compared the
participation of minority- and women-owned firms on contracts
that had goals to encourage diverse participation and those
that did not. The results are stunning. On contracts with
goals, participation occurred at almost the level we would
expect given the presence of minority- and women-owned firms
in the marketplace and firms owned by minorities and women
earned 96 cents on the dollar--on contracts without goals,
they earned 53 cents on the dollar. The numbers are even more
startling for certain subgroups. On contracts with goals,
non-minority women actually exceeded parity (something that
regularly occurs for firms owned by non-minority males, but
rarely happens for firms owned by women and minorities). But
on contracts without goals, firms owned by non-minority women
earned only 37 cents on the dollar. Firms owned by Hispanic
Americans approached parity on contracts with goals (98 cents
on the dollar), but on contracts without goals, they earned
only 59 cents on the dollar. African American owned firms
earned only 64 cents on the dollar even on contracts with
goals, and on contracts without goals the number plummeted to
30 cents on the dollar.
Tragically, the COVID-19 pandemic only exacerbated the need
for the DBE program. Preliminary data on the pandemic's
economic devastation shows a massively disproportionate
impact on small businesses in minority communities. An
article by Dr. Robert Fairlie published last year by the
Stanford Institute for Economic Policy Research, uses
statistics from the Census Bureau's Current Population Survey
to illustrate just how devastating the COVID-19 pandemic has
already been for firms owned by minorities and women. His
analysis examines the drop in ``active businesses'' comparing
the numbers from mid-February 2020, just before the effects
of the pandemic became clear in the United States, to mid-
April, when the economy in much of the country had shut down.
During that time, all businesses experienced economic
devastation--but because of discrimination, the devastation
was far greater for businesses owned by women and minorities.
For instance, during this period the number of active
businesses owned by whites dropped 17 percent, but the number
of businesses owned by African Americans dropped 41 percent.
For Hispanic businesses, the number was 32 percent and for
firms owned by Asian Americans the drop was 26 percent. These
numbers are not just troubling, they are staggering, and the
pandemic is still not over.
Now, more than ever, as we prepare to spend billions of
federal dollars on transportation projects, it is urgent that
we ensure the process of awarding federal transportation
contract dollars is not discriminatory, and that minorities
and women are allowed to compete on an equal playing field
for those dollars.
Below is a list of dozens of disparity studies held on file
with the Committee on Transportation and Infrastructure
demonstrating the continued need for this essential program:
State and Local Disparity Studies From 2015-2021
Alaska
Alaska Department of Transportation & Public Facilities
Disadvantaged Business Enterprise Study, Final Report & Final
Appendices, Prepared by the Alaska Department of
Transportation & Public Facilities Civil Rights Office
(2020).
Arizona
Arizona Department of Transportation Disparity Study, Final
Report, Prepared by Keen Independent Research (2020).
Arizona Department of Transportation Disparity Study
Report, Prepared by Keen Independent Research (2015).
California
Caltrans Disparity Study, Prepared by BBC Research and
Consulting for Caltrans Department of Transportation (2016).
City of Oakland 2017 Race and Gender Disparity Study,
Prepared by Mason Tillman Associates, Ltd. (2020).
LA Metro 2017 Disparity Study, Prepared by BBC Research &
Consulting for the Los Angeles County Metropolitan
Transportation Authority (2018).
San Francisco Bay Area Rapid Transit District Disparity
Study Volumes I-II, Prepared by Miller Consulting, Inc.
(2017).
Disadvantaged Business Enterprise Availability,
Utilization, and Disparity Study for the San Francisco
Municipal Transportation Agency, Prepared by Rosales Business
Partners LLC (2015).
Colorado
City and County of Denver Disparity Study, Prepared by BBC
Research & Consulting (2018).
Colorado Disparity Study, Final Report, Prepared by Keen
Independent Research (2020).
Connecticut
Connecticut Disparity Study: Phases 1-3, Prepared by The
Connecticut Academy of Science and Engineering for the
Connecticut General Assembly and the Government
Administration and Elections Commission (2013, 2014, 2016).
District of Columbia
District of Columbia Department of Small and Local Business
Development Comparative Analysis: Minority and Women-Owned
Business Assessment, Prepared by CRP, Inc (2019).
District of Columbia Department of Small and Local Business
Development Disparity Report Framework and Recommendations,
Prepared by CRP, Inc. (2019).
2015 Disparity Study for Washington Suburban Sanitary
Commission, Prepared by MGT of America, Inc. (2016).
Florida
Minority, Women, and Small Business Enterprise Disparity
Study for the City of Tallahassee, Leon County, Florida and
Blueprint Intergovernmental Agency, Prepared by MGT
Consulting Group (2019).
Palm Beach County Disparity Study, Prepared by Mason
Tillman Associates, Ltd. (2017).
Solid Waste Authority of Palm Beach County, Florida
Disparity Study, Prepared by Mason Tillman Associates, Ltd.
(2017).
Georgia
Atlanta Housing Authority Disparity Study, Prepared by Keen
Independent Research (2017).
Atlanta Public Schools Disparity Study, Prepared by Keen
Independent Research (2017).
City of Atlanta Disparity Study Summary Report, Prepared by
Keen Independent Research LLC (2015).
Fulton County Small Business Study, Prepared by Keen
Independent Research (2016).
Georgia Department of Transportation Disparity Study,
Prepared by Griffin & Strong, P.C. for the State of Georgia
(2016).
Hawaii
Hawaii Department of Transportation 2019 Availability and
Disparity Study, Prepared by Keen Independent Research
(2020).
Idaho
Idaho Transportation Department Disparity Study, Prepared
by BBC Research & Consulting (2017).
Illinois
Chicago Transit Authority Disparity Study, Prepared by
Colette Holt & Associates (2019).
Illinois Department of Transportation Disparity Study,
Prepared by BBC Research & Consulting (2017).
Illinois State Toll Highway Authority Disparity Study
Construction and Construction Related Services, Prepared by
Colette Holt & Associates (2015).
Indiana
City of Indianapolis and Marion County Disparity Study, BBC
Research & Consulting (2019).
City of South Bend Disparity Study, Prepared by Colette
Holt & Associates (2019).
[[Page H3507]]
State of Indiana Disparity Study, Prepared by BBC Research
& Consulting for the Indiana Department of Administration
(2015-16).
State of Indiana Disparity Study, Prepared by BBC Research
& Consulting for the Indiana Department of Administration
(2020).
Kansas
City of Kansas City Construction Workforce Disparity Study,
Prepared by Keen Independent Research (2019).
City of Kansas City, Missouri Disparity Study, Prepared by
Colette Holt & Associates (2016).
Kentucky
Louisville & Jefferson County Metropolitan Sewer District
Disparity Study, Prepared by Mason Tillman Associates, Ltd.
(2018).
Louisiana
City of Baton Rouge, Parish of East Baton Rouge Disparity
Study, Prepared by Keen Independent Research (2019).
City of New Orleans Disparity Study, Prepared by Keen
Independent Research (2018).
Recreation and Park Commission for the Parish of East Baton
Rouge Disparity Study, Prepared by Keen Independent Research
(2019).
Maryland
Business Disparities in the Maryland Market Area, Prepared
by NERA Economic Consulting for the State and Maryland and
the Maryland Department of Transportation (2017).
Disadvantaged Business Enterprise Disparity Study: Volumes
I-III, Prepared by NERA Economic Consulting for the Maryland
Department of Transportation (2018).
Massachusetts
Business Disparities in the DCAMM Construction and Design
Market Area, Prepared by NERA Economic Consulting for the
Commonwealth of Massachusetts Division of Capital Asset
Management and Maintenance (2017).
City of Boston 2020 Disparity Study, Prepared by BBC
Research & Consulting (2021).
Minnesota
2017 Minnesota Joint Disparity Study City of Minneapolis,
Prepared by Keen Independent Research (2018).
2017 Minnesota Joint Disparity Study City of Saint Paul,
Prepared by Keen Independent Research (2018).
2017 Minnesota Joint Disparity Study Hennepin County,
Prepared by Keen Independent Research (2018).
2017 Minnesota Joint Disparity Study Metropolitan Airports
Commission, Prepared by Keen Independent Research (2018).
2017 Minnesota Joint Disparity Study Metropolitan Council,
Prepared by Keen Independent Research (2018).
2017 Minnesota Joint Disparity Study Metropolitan Mosquito
Control District, Prepared by Keen Independent Research
(2018).
2017 Minnesota Joint Disparity Study Minnesota Department
of Administration; Prepared by Keen Independent Research
(2018).
2017 Minnesota Joint Disparity Study Minnesota Department
of Transportation, Prepared by Keen Independent Research
(2018).
2017 Minnesota Joint Disparity Study Minnesota State
Colleges and Universities, Prepared by Keen Independent
Research (2018).
Missouri
City of St. Louis Disparity Study, Prepared by Mason
Tillman Associates (2015).
Missouri Department of Transportation DBE Availability
Study, Prepared by Keen Independent Research (2019).
Saint Louis County Disparity Study, Prepared by Griffin &
Strong P.C. (2017).
Montana
Availability and Disparity Study, Prepared by Keen
Independent Research LLC for the State of Montana Department
of Transportation (2016).
Nevada
Nevada Transportation Consortium Disparity Study, Prepared
by BBC Research & Consulting for the Regional Transportation
Commission of Southern Nevada (2017).
New Jersey
NJ Transit Disparity Study, Executive Summary & Appendix,
Prepared by The Roy Wilkins Center for Human Relations and
Social Justice, Hubert H. Humphrey School of Public Affairs,
University of Minnesota (2016).
New York
City of New York Disparity Study, Prepared by MGT
Consulting Group (2018).
State of New York MWBE Disparity Study, Volumes I & II,
Prepared by Mason Tillman Associates, Ltd. (2016).
North Carolina
City of Asheville, North Carolina Disparity Study, Prepared
by BBC Research & Consulting (2018).
City of Charlotte Disparity Study, Prepared by BBC Research
& Consulting (2017).
City of Winston-Salem Disparity Study, Prepared by MGT
Consulting Group (2019).
Durham County/City of Durham, North Carolina Multi-
jurisdictional Disparity Study, Prepared by Griffin & Strong,
P.C. (2015).
Greensboro, North Carolina Disparity Study, Prepared by
Griffin & Strong (2018).
State of North Carolina Department of Administration,
Disparity Study Report: Volume 1, State Agencies, Prepared by
Griffin & Strong, P.C. (2020).
State of North Carolina Department of Administration,
Disparity Study Report: Volume 2, Community Colleges and
Universities. Prepared by Griffin & Strong, P.C. (2021).
Ohio
Cuyahoga County Disparity Study Report, Prepared by Griffin
& Strong P.C. (2020).
2015-16 Ohio Public Authorities Disparity Study, prepared
by BBC Research & Consulting for the Ohio Department of
Transportation (2016).
City of Cincinnati Disparity Study, Prepared by Mason
Tillman Associates, Ltd. (2015).
City of Columbus Disparity Study, Prepared by Mason Tillman
Associates, Ltd. (2019).
Oregon
Oregon Department of Transportation DBE Disparity Study
Update, Prepared by Keen Independent Research LLC (2019).
Oregon Department of Aviation, Draft Oregon Statewide
Airport DBE Disparity Study, Prepared by Keen Independent
Research (2021).
Oregon Department of Transportation Availability and
Disparity Study, Prepared by Keen Independent Research LLC
(2016).
The Port of Portland Small Business Program Disparity
Study, Prepared by Colette Holt & Associates (2018).
Pennsylvania
City of Philadelphia Fiscal Year 2019 Annual Disparity
Study, Prepared by the City of Philadelphia Department of
Commerce and Miller3 Consulting (2020).
City of Philadelphia Fiscal Year 2018 Annual Disparity
Study, Prepared by Econsult Solutions, Inc. and Milligan &
Company, LLC (2019).
City of Philadelphia Fiscal Year 2017 Annual Disparity
Study, Prepared by Econsult Solutions, Inc. and Milligan &
Company, LLC (2018).
City of Philadelphia Fiscal Year 2016 Annual Disparity
Study, Prepared by Econsult Solutions, Inc. for the City of
Philadelphia Department of Commerce (2017).
City of Philadelphia Fiscal Year 2015 Annual Disparity
Study, Prepared by Econsult Solutions, Inc. and Milligan &
Company, LLC (2016).
Commonwealth of Pennsylvania Department of General Services
Disparity Study, Prepared by BBC Research & Consulting
(2018).
Pennsylvania Department of Transportation Disparity Study,
Prepared by BBC Research & Consulting (2018).
Tennessee
Business Market Availability and Disparity Study Shelby
County Schools Board of Education, Prepared by MGT Consulting
Group (2017).
City of Chattanooga, Tennessee Disparity Study Final
Report, Prepared by Griffin & Strong P.C. (2019).
City of Memphis, Tennessee Disparity Study, Prepared by
Griffin & Strong P.C. (2016).
Metro Nashville, Tennessee Disparity Study, Prepared by
Griffin & Strong P.C. (2018).
Shelby County Disparity Study, Prepared by Mason Tillman
Associates, Ltd. (2016).
Texas
Availability and Disparity Study, City of Dallas, Texas,
Final Report, Prepared by MGT Consulting Group (2020).
Business Disparities in the Austin, Texas Market Area,
Prepared by NERA Economic Consulting for the City of Austin,
Texas (2015).
Business Disparities in the San Antonio, Texas Market Area,
Prepared by NERA Economic Consulting for the City of San
Antonio (2015).
Business Disparities in the Travis County, Texas Market
Area, Prepared by NERA Economic Consulting for Travis County,
Texas (2016).
City of Fort Worth, Texas, Disparity Study, Prepared by
Colette Holt & Associates (2020).
Disparity Study for Corpus Christi and CCRTA, Prepared by
Texas A&M University South Texas Economic Development Center
(2016).
Minority- and Women-owned Business Enterprise (M/WBE)
Program Disparity Study for the San Antonio Water System,
Prepared by MGT of America (2015).
Texas Department of Transportation Disparity Study,
Prepared by Colette Holt & Associates (2019).
Virginia
Commonwealth of Virginia Disparity Study, Prepared by BBC
Research & Consulting (2020).
City of Virginia Beach Disparity Study, Prepared by BBC
Research & Consulting (2018).
Washington
City of Tacoma Disparity Study, Prepared by Griffin &
Strong P.C. (2018).
Port of Seattle Disparity Study, Prepared by Colette Holt &
Associates (2019).
Sound Transit Disparity Study, Prepared by BBC Research &
Consulting (2020).
State of Washington Disparity Study, Prepared by Colette
Holt & Associates (2019).
Washington State Airports Disparity Study, Prepared by
Colette Holt & Associates (2019).
Washington State Department of Transportation Disparity
Study, Prepared by Colette Holt & Associates (2017).
Wisconsin
Madison Public Works Disparity Study, Prepared by Keen
Independent Research for City of Madison, Wisconsin (2015).
[[Page H3508]]
Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, June 21, 2021.
Hon. Peter A. Defazio,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman Defazio: I am writing you concerning H.R.
3684, the ``INVEST in America Act,'' which was ordered to be
reported out of the Committee on Transportation and
Infrastructure on June 10, 2021. Prior to this, I submitted a
jurisdictional claim letter for a sequential referral on this
bill on June 7, 2021 and the Office of the Parliamentarian
found this claim to be valid.
As a result of cooperative consultations with the Committee
on Science, Space, and Technology (``Science Committee'') and
in the interest an expedient consideration of H.R. 3684
before the House of Representatives, I will waive formal
consideration of this bill. I take this action with a mutual
understanding between our two Committees that by foregoing
consideration of H.R. 3684, the Science Committee does not
waive any jurisdiction over the subject matter contained in
this, or in similar, legislation.
Furthermore, I humbly request a letter confirming this
understanding and that this exchange of letters be included
in the bill report to be filed by the Committee on
Transportation and Infrastructure as well as included in the
Congressional Record during floor consideration of the bill.
Finally, I ask that you support the appointment of Science
Committee conferees during any House-Senate conference
convened on this legislation.
Sincerely,
Eddie Bernice Johnson,
Chairwoman, Committee on Science,
Space, and Technology.
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington DC, June 21, 2021.
Hon. Eddie Bernice Johnson,
Chairwoman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Chairwoman Johnson: Thank you for your letter
regarding H.R. 3684, the INVEST in America Act. I appreciate
your decision to waive formal consideration of the bill.
I agree that the Committee on Science, Space, and
Technology (``Science Committee'') has valid jurisdictional
claims to certain provisions in this important legislation,
and I further agree that by forgoing formal consideration of
the bill, the Science Committee is not waiving any
jurisdiction over any relevant subject matter. Additionally,
I will support the appointment of conferees from the Science
Committee should a House-Senate conference be convened on
this legislation. Finally, this exchange of letters will be
included in the committee report filed by the Committee on
Transportation and Infrastructure and included in the
Congressional Record when the bill is considered on the
floor.
Thank you again, and I look forward to continuing to work
collaboratively with the Science Committee to ensure H.R.
3684 passes the House and is enacted into law.
Sincerely,
Peter A. DeFazio,
Chair.
Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise today in opposition to H.R. 3684.
Here we are again. It is ``Groundhog Day'' for infrastructure on the
floor this week. Exactly 1 year ago, I stood here as we took up the
majority's first version of its my-way-or-the-highway bill. That bill,
just like today's, was developed without working with Republican
Members, and it passed mostly along party lines. And then that bill
died, forcing Congress to pass a 1-year, short-term extension,
something that we all know is extremely costly, and it is detrimental
to our States' ability to plan and carry out the improvements that they
need.
Unfortunately, the Speaker has ignored the obvious lesson that
successful legislating is through partnership, not through
partisanship. As a result, today's bill is even worse than last year's
failed effort.
This bill is completely unpaid for. It is completely unpaid for,
something that I have never seen in a highway bill in my two decades
here in Congress. It is all deficit spending, and it is going to
continue driving up what is already the highest inflation rate since
2008.
Mr. Speaker, it didn't have to be this way. Earlier this year, our
committee's leaders met with the President, and we made it clear that
Republicans wanted to be a part of a bipartisan bill. I have no doubt
that we could have compromised in a way that met many of the majority's
goals while still including Republicans' priorities from our own
proposal.
Far from being impossible, the Senate committees have managed to do
just that. They found common ground on commonsense project
streamlining, flexibility for our State and local partners, and
equitable treatment for rural America.
However, in order to appease the progressives in their party, the
majority showed no willingness to meet us anywhere in the middle.
Instead, they moved their bill even further to the left than the one
from last year. Ironically, even that won't be enough, as Speaker
Pelosi right now is preparing another partisan effort that is going to
completely overshadow this bill by pushing through a multitrillion-
dollar, tax-and-spend plan using budget reconciliation.
Mr. Speaker, I will just walk through a few of the things, just a
very few of the things that are wrong with this bill.
Mr. Speaker, $1 out of every $2 on this bill is tied up in the Green
New Deal agenda. This bill eliminates a ban on spending transit dollars
to fund art at train stations or transit stations. It is insane, given
the infrastructure needs that we have in this country, that this bill
would waste critical infrastructure resources on buying paintings and
sculptures for transit stations.
This bill significantly increases the size of government. It creates
41 new programs.
As I mentioned, this bill provides no regulatory reform to make
project delivery more efficient and less wasteful.
This bill ties the hands of States that need to build new roads and
new capacity. Even if that is their most critical need, it still ties
their hands.
These are just a few of the examples of why this bill is bad for the
country. I can go on and on and on and on and on. This partisanship was
absolutely unnecessary, and it is sad.
The Senate Environment and Public Works Committee and the Senate
Commerce Committee have overwhelmingly approved their own pieces of a
surface reauthorization. The Senate has also approved a bipartisan $35
billion water infrastructure plan. But instead of following that
example or using the bipartisan agreement we had on clean water
infrastructure that we agreed to last Congress as the framework, the
majority again chose to walk away from bipartisanship.
This bill now includes more than $170 billion for drinking water and
wastewater infrastructure, which is completely unrealistic, and it is
out of touch with the Senate's bill and House Republicans. In fact,
everything about this bill is out of touch.
Although the President currently supports a bipartisan infrastructure
framework in the Senate, progressives in Congress have already declared
that that Senate proposal is dead on arrival without first getting
their massive partisan wish list. If they don't get it, they have
stated that.
The Speaker and the far left are trying to hold infrastructure
hostage in order to get their $6 trillion in other priorities through
budget reconciliation.
While the other side says that all the spending in today's bill is
supposed to transform our transportation system, it is certainly going
to change one thing in transportation, and that is your gas prices.
More deficit spending is only going to further fuel inflation and raise
the price of not only gas but food and every other necessity.
Voting for this bill is an implicit endorsement of the Speaker's
overall strategy to ram through a $6 trillion tax-and-spend
reconciliation package, and I encourage Members to vote against this
bill and against this partisan process.
Mr. Speaker, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentlewoman from
the District of Columbia (Ms. Norton), the chair of the Surface
Transportation Subcommittee.
Ms. NORTON. Mr. Speaker, as chair of the subcommittee that helped
write today's INVEST in America Act, I want to emphasize that this bill
breaks with previous Transportation and Infrastructure bills generally
passed every 4 or 5 years. Until today, we have simply updated the bill
first passed during the Eisenhower administration.
However, today's bill, for example, for the first time tackles
climate change in recognition that transportation leads as a source of
greenhouse gas emissions. The need to reduce burning fossil fuels is a
priority in this
[[Page H3509]]
bill to move us more quickly to zero emissions.
I am particularly focused on transportation infrastructure
alternatives, like those here in my district, the District of Columbia,
particularly transit, especially Amtrak, and establishing a pilot
project for reduced transit fares for low-income riders.
Perhaps most important, this bill fundamentally reverses course by
actively discouraging expansion of roads for the first time. This
limitation is in recognition of climate change. Instead of
incentivizing more miles of roads for cars, this bill encourages safer
roads for walking, biking, and scooters. Today's bill repairs existing
roads with climate-resilient materials rather than building new roads.
The INVEST in America Act changes course altogether in the interest
of 21st century transportation realities from climate change to rapidly
emerging alternatives to cars as forms of travel and mobility.
The 54 percent increase in funding for this bill is in keeping with
the road to change course on transportation and infrastructure.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Arkansas (Mr. Crawford).
Mr. CRAWFORD. Mr. Speaker, today, we are debating a partisan bill
that spends over $400 billion on everything but long-term investments
in America's roads and bridges.
Despite being the largest percentage increase in surface
transportation programs in the last quarter-century, very little of the
money going out the door is directed at the policies, programs, and
people that need it.
It ignores the need to streamline our project review process, creates
more bureaucratic red tape, and, once again, leaves rural America
behind.
A focus on the rail title, for example, reveals complete ignorance of
the industry. Freight railroads are the most fuel-efficient way to move
freight over land, covering more than 480 miles on a single gallon of
fuel. Yet, my colleagues on the left included section 9607 that would
require Class I freight railroads to replace locomotives constructed
prior to 2008 with brand-new fossil-fuel-burning locomotives by 2030.
This ignores the significant efforts of the Class I freight railroads
themselves to reduce greenhouse gas emissions and combat climate
change. It locks the industry into utilizing internal combustion
engines for decades, negating the ongoing efforts with suppliers to
research, test, and adapt zero-emission locomotives for future
incorporation into their fleets.
This section alone would cost the industry tens of billions of
dollars and, needless to say, was written without the consultation of
the railroads or stakeholders.
This is just one of the many examples in this partisan bill of the
significant disconnect between constituents and the majority's Green
New Deal agenda. We have a bill that cares more about appeasing the
climate lobby than fixing the cracks in our bridges.
I cannot support this legislation today. Instead, I will continue
working with my colleagues who are serious about addressing American
transportation and infrastructure, and I encourage everyone to do the
same thing.
Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentleman from New
Jersey (Mr. Payne), the chair of the Railroads, Pipelines, and
Hazardous Materials Subcommittee.
Mr. PAYNE. Mr. Speaker, I rise today to support the INVEST in America
Act. It is a bill that I have co-led because it would help fix our
country's decaying and unreliable infrastructure.
America has always used infrastructure to grow our Nation and our
economy, but those improvements have left behind too many people in
underserved and rural communities.
In Congress, we have a responsibility to make sure everyone has an
opportunity to achieve the American Dream. That is why the INVEST in
America Act is so critical.
It provides funds to build or improve roads, bridges, and tunnels
throughout America, and it will allow access and development within
those communities.
For example, it provides $95 billion to improve passenger rail travel
nationwide. That figure includes almost $19 billion to help Amtrak
upgrade stations and tracks. And it provides $13.5 billion for rail
improvements in the Northeast corridor.
It would spend $25 billion to repair and rebuild bridges, train
stations, and train tunnels across this Nation.
Most important, it provides $25 billion to modernize existing rail
and expand into more American communities. The expansion would increase
our opportunities for jobs and prosperity in underserved communities.
We need to make these investments now and improve the lives of
millions of Americans in the process.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Ohio (Mr. Gibbs).
Mr. GIBBS. Mr. Speaker, I rise in opposition to H.R. 3684, which is
nothing more than the Green New Deal in disguise. Whether it is
creating dozens of new government programs or propping up failed
passenger rail projects, the House Democrats' my-way-or-the-highway
bill is bloated Big Government at its worst.
{time} 1730
Democrats blocked every Republican attempt to improve the bill,
including my amendment in committee that would stop taxpayer dollars
for funding art through transit projects.
H.R. 3684 also bends the knee to Beijing, allowing communist China to
profit off American investments in electric vehicles.
There is plenty of room for commonsense, bipartisan efforts on actual
transportation infrastructure: Fixing roads and bridges, repairing
airports, and even responsible investments in broadband.
But the majority is intent on ignoring these bipartisan prospects
with irresponsible spending on socialism and driving up debt on the
backs of American taxpayers.
I reject H.R. 3684, and I urge my colleagues to do the same.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from
Texas (Ms. Johnson), the chair of the Science, Space and Technology
Committee, and a senior member of the Transportation and Infrastructure
Committee.
Ms. JOHNSON of Texas. Mr. Speaker, I thank Chairman DeFazio for his
leadership in bringing this bill to the floor.
I rise in strong support of H.R. 3684, the INVEST in America Act.
This bill authorizes a tremendous funding boost to our Nation's surface
transportation and infrastructure system, including a significant
amount for my State of Texas. Failing to invest now will cost much more
later.
The INVEST in America Act also makes significant investments in
transportation research, development, and demonstration to support of
safer and more resilient, equitable, and sustainable transportation
future.
I am pleased to have inserted numerous provisions in the bill before
us today, including one to establish a grants program in the Department
of Transportation to develop transportation workforce training programs
for workers adversely affected by industry automation; a sense of
Congress to emphasize that contractors participating in a federally
funded transportation contract with a minority-owned business must
ensure that it is fulfilled.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. DeFAZIO. Mr. Speaker, I yield the gentlewoman an additional 30
seconds.
Ms. JOHNSON of Texas. As well as an amendment to require the GAO to
analyze the DOT's performance of key DBE objectives, and a provision to
assist communities to retrofit transportation infrastructure.
Nothing in this bill is intended to build a wall in Texas, and I look
forward to supporting this legislation.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Louisiana (Mr. Graves).
Mr. GRAVES of Louisiana. Mr. Speaker, you can look back at history at
highway bills and infrastructure bills, and all of these bills passed
this House with strong bipartisan support. Seventy-five, 80 percent, 90
percent of the Members of Congress have supported these bills. You can
look back, Mr. Speaker. For decades this has happened.
Why is this bill moving in an entirely partisan manner? Why is there
not bipartisan support?
And the answer is really simple: Because this bill is not
infrastructure. It
[[Page H3510]]
is not solving road problems and traffic problems that are plaguing
this country.
What this bill does is it puts billions of dollars into things like
EV charging stations. So if you are an American that owns the 0.6
percent of vehicles out there that are electric vehicles--the majority
of which make over $160,000--the great news for you is you are going to
get billions of dollars in federally paid-for subsidized charging
stations.
The process needs to be fixed for delivering projects. This bill
doesn't do it.
Why is it we are building projects around the country that have been
around for decades?
It is because the process is flawed. It takes decades just to get a
project approved, but don't worry, Mr. Speaker, because this bill fixes
it for bus shelters.
This bill should be bipartisan, as has been done for decades. We need
real traffic solutions, real investments in infrastructure, and
unfortunately, this bill doesn't do it.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Garamendi), a member of the committee.
Mr. GARAMENDI. Mr. Speaker, I thank the chairman for his leadership
and his partnership in this vital $715 billion INVEST in America Act.
This bill will modernize our Nation's roads, bridges, transit, rail,
water systems, and hasten the transition to carbon-free mobility and
resilience to climate threats in America.
My amendments to the bill ensure that projects will be built by well-
paid American workers with American made services and products. It does
extend the NEPA timelines to ensure a timely project completion, and it
also prioritizes evacuation routes and invests in corrosion resistance.
This bill also invests $27 billion for roads and transit in
California over the next 5 years and three critical projects in my own
district: $8.5 million for the 505 highway over crossing in Winters,
California; $4 million for a multimodal transit/highway improvement in
Vacaville; and a $7\1/2\ million project in Fairfield, and--I would
dare say, for my colleagues on the Republican side--a whole lot of
their community-based projects which apparently they want us to vote
for but they don't have the willingness to vote for on their own.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from North Carolina (Mr. Rouzer).
Mr. ROUZER. Mr. Speaker, the bill before us today represents a missed
opportunity to produce good, strong bipartisan legislation focused on
the country's real infrastructure needs.
Instead, it is one focused on an agenda cloaked under the guise of
the term ``infrastructure.''
This bill is all about Green New Deal mandates. In fact, for every $2
spent, $1 of that goes to meet these mandates.
The bill rejects widely supported bipartisan projects streamlining
provisions that would save taxpayer dollars.
The bill creates 41 new programs and adds dozens of new eligibilities
to existing programs for progressive priorities, which means true
infrastructure needs are likely going to have access to fewer dollars.
The bill strips States of their ability to prioritize new roads and
bridges. And we all know States need more flexibility to meet their
infrastructure needs, not less.
Today's bill is also a missed opportunity to address our aging
wastewater infrastructure.
In the most recent Congress, we reached a bipartisan agreement on a
way to move forward on clean water infrastructure with realistic levels
of funding that address the needs of our rural communities. Well, not
this time.
Unfortunately, by choosing partisanship, the majority has chosen a
very rocky path that will make it unlikely any final infrastructure
package will be able to pass both Chambers and get to the President's
desk during this Congress.
Mr. Speaker, it didn't have to be this way.
Mr. DeFAZIO. Mr. Speaker, may I ask how much time is remaining?
The SPEAKER pro tempore. The gentleman from Oregon has 10\1/2\
minutes remaining. The gentleman from Missouri has 19-minutes
remaining.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Huffman), a member of the committee.
Mr. HUFFMAN. Mr. Speaker, it is important that this 5-year surface
transportation reauthorization invests in a cleaner, greener
transportation future while helping create great-paying jobs for
American workers, but the INVEST in America Act does more than that. It
finally restores Congress' Article I prerogative in controlling the
power of the purse.
Through an open, transparent process, Member-designated projects will
ensure that elected Representatives of the people have at least some
say on which surface transportation projects get funding. And in my
district that means expanding the SMART rail service into Healdsburg
and further north, closing the gaps in a pedestrian and bike pathway
along San Francisco Bay Trail, providing ADA accessibility and
educational signage at the mouth of the Smith River Overlook, and
planning for a safe pedestrian crossing at the San Rafael Channel.
The INVEST Act will also start planning for improvements along Route
37 to benefit both commuters and the environment in the face of rising
sea levels.
I thank Chairman DeFazio for his leadership on this bill, and I look
forward to sending it to President Biden's desk for his signature.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Illinois (Mr. Bost).
Mr. BOST. Mr. Speaker, I thank the gentleman for yielding.
With this bill, House Democrats are saying that when it comes to our
Nation's infrastructure, it is either their way or the highway.
Instead of accurately investing in our roads and bridges, the House
Democrats have chosen to double down on a liberal wish list.
In fact, $1 of every $2 in this bill is spent on parts of Green New
Deal mandates.
It allows jurisdictions that have defunded the police to backfill
their budgets with Federal dollars for traffic enforcement activities.
It allows funds to be spent on art instead of roads, bridges, and
waterways. I will just repeat that again. It allows the funds to be
spent on art instead of roads, bridges, and waterways.
It punishes our Nation's truckers by raising their minimum insurance
costs by 167 percent and regulating when and how far they can drive
their own vehicles on their own personal time.
And it does not include any way to pay for this massive $547.9
billion price tag.
I urge my colleagues to oppose this legislation.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from
Nevada (Ms. Titus), the chair of the Economic Development, Public
Buildings, and Emergency Management Subcommittee.
Ms. TITUS. Mr. Speaker, I thank the chairman for yielding.
I rise in support of the INVEST in America Act, which focuses on
rebuilding our Nation's highways, transit systems, railroads, and water
systems.
These investments will spur economic development, tackle the climate
crisis, and put people to work in good-paying union jobs.
I am proud that the Act includes some issues that I fought for that
will benefit the State of Nevada, provisions to support projects of
regional impact, like the completion of I-11 between Las Vegas and
Phoenix; an expansion of the RRIF program to help with the development
of high-speed passenger rail; projects to reduce congestion and improve
air quality in our environmental justice communities; and resources for
child passenger safety programs in our underserved communities.
Finally, I am glad to see Congress reassert its authority to direct
funding to priority projects in a very transparent manner.
Critical infrastructure projects in southern Nevada will see $20
million in funding to support congestion relief, transit, and safety
enhancements on roadways that cross and crisscross the district.
The INVEST Act sends a clear and strong message about our priorities,
and I congratulate our chairman for his hard work on this issue.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1 minute to the
gentleman from California (Mr. LaMalfa).
[[Page H3511]]
Mr. LaMALFA. Mr. Speaker, I do have to clear up one point made
earlier. The sales of gas Mustangs are double that of the so-called
four-door electric Mustang in the month of May, and the gas Mustang is
triple that of the electric Mustang for the year. As a Mustang driver,
I had to get that out.
So when we had the Biden administration announcing an over $2
trillion spending package, but we only end up with 6 percent in
expenditures for roads and bridges, it is a bait and switch.
Indeed, it seems like the Democrats are trying to take this miniscule
investment in infrastructure and challenge themselves to waste it on
something else in Green New Deal programs.
It is already a big enough challenge to get money and keep money in
infrastructure these days and keep it from being siphoned off.
This bill does nothing to reform or fix the 30 percent of overhead
costs that go towards frivolous regulation, et cetera. That means they
are planning to waste right off the top $160 billion of their own
proposal.
In California, with the high-speed rail boondoggle, they are setting
aside $25 billion for a program that originally was going to cost $33
billion, according to how it was sold to the voters. So this needs to
be stopped and put into programs that people can actually use like
their road system.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from
Maryland (Mr. Brown), a member of the committee.
{time} 1745
Mr. BROWN. Mr. Speaker, first, let me thank Chairman DeFazio,
Chairwoman Norton, and Chairman Payne for their leadership.
This bill will get our infrastructure working again; fund new,
transformative projects; and create good-paying American jobs. We need
21st century infrastructure that meets the challenges facing the
Nation, and that is exactly what the INVEST in America Act will do:
With investments in our communities, including more than $6.2 billion
to Maryland's highway and transit systems;
With an emphasis on equity, including $3 billion to reconnect
neighborhoods, particularly communities of color separated from local
economic opportunities and divided by decades of bad infrastructure
policy;
And with a modern approach to growth and development, including $134
million to promote Transit Oriented Development needed to create
thriving and inclusive communities around our transit hubs, and promote
safe multimodal transits in communities like New Carrollton in my
district.
Mr. Speaker, this is a historic investment in America, and I urge its
adoption.
Mr. GRAVES of Missouri. Mr. Speaker I yield 1\1/2\ minutes to the
gentleman from Arkansas (Mr. Westerman).
Mr. WESTERMAN. Mr. Speaker, the bill that passed the committee was
partisan and wasteful.
As expected, the Speaker succeeded in making a bad bill even worse.
That is crazy, but that is how it goes.
And things are going wrong for rural America in this bill. In fact,
it specifically bans building new roads and lets road and bridge
funding expire while playing favorites with urban transit funding, like
Amtrak and Speaker Pelosi's pet train project. It mandates policies
that make us more dependent on Chinese supply chains while Democrats
refuse to allow development of our own resources.
The bill is more focused on the Green New Deal than the well-being of
hardworking Americans--spending now with promises to tax later.
Speaker Pelosi said it herself last week. According to the Speaker:
``There ain't gonna be no bipartisan bill, unless we have a
reconciliation bill. Plain and simple. In fact, I use the word `ain't.'
There ain't going to be an infrastructure bill, unless we have the
reconciliation bill passed by the United States Senate.''
Mr. Speaker, listen to that. The Speaker is hellbent on raising your
taxes and using them to increase wasteful spending. House Democrats,
led by Speaker Pelosi, can't even get on board with their Democrat
colleagues in the Senate and administration.
Maybe it is not too late to learn and do better. The STARTER Act is
one way to move forward.
Mr. Speaker, whatever path we choose, it would be better than going
off the rails on a crazy train bill like this one.
Mr. Speaker, I urge my colleagues to vote ``no.''
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from
Georgia (Ms. Bourdeaux).
Ms. BOURDEAUX. Mr. Speaker, I rise today in support of the INVEST in
America Act.
This bill provides funding that will accelerate road repairs, reduce
congestion, and shore up our water systems, all while creating good-
paying jobs and building sustainable, green infrastructure.
Under the INVEST in America Act, Georgia will receive a $2.6 billion
increase in funding for core infrastructure programs over the next 5
years, a 38 percent increase. With such an investment, we need to be
innovative, forward-looking, and climate conscious.
The bill includes many of my FutureFit The Suburbs initiatives,
providing funding for the expansion of greenways, express lane transit
options to decrease congestion, renewable energy projects, innovative
wastewater technology, and more.
The INVEST in America Act will jump-start innovation that will lead
to economic growth in small towns, big cities, and suburban areas like
mine.
Mr. Speaker, I urge my colleagues to vote in support of the INVEST in
America Act.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1 minute to the
gentleman from Ohio (Mr. Balderson).
Mr. BALDERSON. Mr. Speaker, I rise in opposition to H.R. 3684, the
majority's ``my-way-or-the-highway bill.''
Rather than working with Republicans to deliver a commonsense,
bipartisan bill that puts America's real infrastructure needs center
stage, the majority has decided to fast track its Green New Deal
agenda. In fact, half of the funding in this bill is tied up meeting
Green New Deal mandates.
The majority refused to work with Republicans on policies to
streamline the permitting process for construction projects. These
policies will save taxpayers billions of dollars and move projects
forward faster, while still ensuring world-class environmental
standards.
Unfortunately, Republicans were shut out of the process, and the
impact is clear. This bill places costly restrictions on local
construction projects, includes catastrophic provisions that would put
small trucking companies and independent truckers out of business, and
relies on deficit spending, which will further fuel the problem of
inflation.
Mr. Speaker, I strongly encourage my colleagues to reject this
partisan process and vote ``no'' on H.R. 3684.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from
Georgia (Ms. Williams), a new and esteemed member of the committee.
Ms. WILLIAMS of Georgia. Mr. Speaker, I rise today in support of the
INVEST in America Act, which includes the legislative provision based
on my bill, the Reconnecting Neighborhoods and Strengthening
Communities Act.
This act is a long overdue matter of racial justice and environmental
justice. The Federal Highway Act of 1956 built highways through the
middle of cities, sometimes to intentionally displace Black families,
disconnecting thriving communities, and made devastating economic
impacts that still exist today.
We have a responsibility to undo the harm of these intentional
decisions. Two examples of these disenfranchising projects are in the
Fifth District of Georgia that you see right next to me. The Sweet
Auburn and Summerhill communities were divided by the construction of
the downtown connector and I-20.
Millions of people in the districts across the country will benefit
from the Reconnecting Neighborhoods Program because the government
built these projects in virtually every major city.
My program invests in the redesign or removal of infrastructural
barriers built through communities of color. It ensures the
infrastructure of the future will serve communities rather than divide
them.
[[Page H3512]]
Mr. Speaker, I urge my colleagues to vote ``yes.''
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1 minute to the
gentleman from Tennessee (Mr. Burchett).
Mr. BURCHETT. Mr. Speaker, I rise in opposition to this legislation.
Improving and reauthorizing our Nation's surface transportation
programs should take priority over advancing a very liberal, woke,
partisan agenda. These programs should fund our roads, railways, and
waterways, and should be the foundation of our country's long-term
economic success.
Mr. Speaker, instead of working with Republicans, the majority
advanced a partisan bill that dramatically increases spending and
regulation that would stifle development. I even had an amendment that
was nonpartisan. It was just a technical correction, which was agreed
upon by several Members, and it went straight down party lines. So if
anybody tells you this is a bipartisan bill, they are speaking with a
very forked tongue.
It redirects funding away from basic investments and physical
infrastructure and towards social programs, new regulatory regimes, and
government mandates on business. Out-of-control spending by Congress
and the Biden administration has triggered an inflation crisis that is
leaving less money in the pockets of working folks.
Mr. Speaker, American citizens cannot afford another partisan
spending boondoggle orchestrated by Washington liberals. I urge my
colleagues to join me in opposing this bill.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Malinowski), a member of the committee.
Mr. MALINOWSKI. Mr. Speaker, the INVEST in America Act will put
millions of Americans to work building 21st century infrastructure that
will make us again the envy of the world.
This is not Eisenhower 7.0, as the chairman often reminds us. Of
course, we are going to fix our highways, but we are not just going to
keep building bigger and wider ones. We are going to do something as
new and as bold today as the Interstate Highway System was in the
1950s.
So, yes, the bill invests in EV charging. Yes, it makes record
investments in passenger rail, including our important Hudson Tunnel
between New Jersey and New York.
And please, don't tell New Jersey commuters that they are riding the
Green New Deal to work every day. They just want better trains that
will get there faster than they did 100 years ago.
Anyone who wants to do just what we have been doing here for the last
few decades is basically saying they want to let other countries, like
China, master and market the clean energy technologies of the future.
Well, I am not going to cede our leadership. I want America to win. I
want America to do big and bold and great things again.
Mr. Speaker, I am going to vote for this bill.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1 minute to the
gentleman from South Dakota (Mr. Johnson).
Mr. JOHNSON of South Dakota. Mr. Speaker, railroad hauls 40 percent
of America's long-haul freight, but it makes up only 2 percent of our
transportation-based emissions.
Now, unfortunately, the INVEST in America Act tells freight railroads
that they need to replace all of their older locomotives with newer,
albeit only marginally cleaner, fossil-fuel burning locomotives. And
this will be incredibly expensive. Again, only slightly cleaner. And
that cost will slow industry's progress toward the development of zero
emission locomotives.
There is a cleaner, a better, a less prescriptive, and a less
expensive way to make this transition. You think about slowing the
deployment of those locomotives will actually hinder the majority's
fight against climate change.
Mr. Speaker, I would say that this part of the INVEST in America Act
moves in the wrong direction, like so many parts of the INVEST in
America Act, and it is one more good reason to vote ``no.''
Mr. DeFAZIO. Mr. Speaker, may I inquire how much time is remaining on
both sides?
The SPEAKER pro tempore. The gentleman from Oregon has 4\1/2\ minutes
remaining. The gentleman from Missouri has 12 minutes remaining.
Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from New Jersey (Mr. Van Drew).
(Mr. VAN DREW asked and was given permission to revise and extend his
remarks.)
Mr. VAN DREW. Mr. Speaker, I rise in opposition to H.R. 3684.
Our country's infrastructure is crumbling. Prices are surging
everywhere. Yet before us is an infrastructure plan that fails to
address America's needs, and, in fact, will make our lives even more
expensive. This bill neglects to fix the bureaucracy that makes the
United States one of the most difficult places in the world to build
infrastructure.
The bill diminishes American energy prosperity and grows our
dependence on the Chinese Communist Party's slave labor. The bill makes
goods and services more expensive by overregulating American workers
and American businesses.
To put it simply, this bill makes it more expensive to be an
American.
We need truly bipartisan legislation to address the American
infrastructure crisis. We should focus on traditional infrastructure by
investing in roads and bridges and dams, as well as modern
infrastructure of broadband internet. We should strengthen American
supply chains so that the American infrastructure boom is fueled by
American materials, American workers, and American businesses.
Mr. Speaker, these are the steps we must take to build a stronger
America. I and all of us will never stop fighting for this vision of
American greatness.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from
Arizona (Mr. Stanton), a member of the committee.
Mr. STANTON. Mr. Speaker, I thank the chairman for his incredible
leadership up to this point and moving forward as we get the INVEST in
America Act passed in this House and soon signed by the President of
the United States.
It is bold. It is transformative. And it is the investment we need
now to compete in the 21st century economy.
Mr. Speaker, this bill includes long-delayed, incredibly important
investments in Arizona's roads, bridges, transit, rail, and water
infrastructure. Arizona will receive more than $5 billion for highways
and almost $1 billion for transit.
Importantly, it supports major Arizona projects: I-11, public transit
in cities big and small, key investments to support local communities,
and improve the way we move people and goods.
It directs significant resources to our long overlooked Tribal
communities throughout the State. It also addresses urgent water needs
in my State by increasing investments in drinking water and wastewater
infrastructure.
Mr. Speaker, the time for action is now, and I urge my colleagues to
support this historic investment in the American people and our
American economy.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1 minute to the
gentleman from Mississippi (Mr. Guest).
Mr. GUEST. Mr. Speaker, this legislation includes more than $715
billion in wasteful spending.
One out of every two dollars would go toward Green New Deal
requirements. Funding for passenger rail for big cities has been
increased eight-fold in this bill, sacrificing our rural roads and
bridges for costly urban projects. The Electric Charging Station Grant
Program in this bill would receive four times more funding than a rural
grant program and take away funding from States that don't comply; even
in States like Mississippi, which has less than 1,000 electric
vehicles.
This bill is bad for our economy. It is bad for our rural States. And
without significant change, this bill is bad for America.
{time} 1800
Mr. DeFAZIO. Mr. Speaker, I yield 30 seconds to the gentlewoman from
Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, this bill is so important to the Nation
and to Texas that I had to come and rename it: Repair, innovate,
restore, inspire.
[[Page H3513]]
Thank you for the INVEST in America Act that looks at social equity,
that realizes we cannot concrete our way to a better quality of life,
that also invests in those issues of dams and bayous and roads and
bridges, but at the same time recognizes the economic engine that
climate change is, the economic engine that investment in workers is,
and, as well, recognizes that we have a new day in America where
transit is for everyone.
Mr. Speaker, I thank the chairman for giving us transit for America.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1 minute to the
gentlewoman from Texas (Ms. Van Duyne).
Ms. VAN DUYNE. Mr. Speaker, there are very few issues that we work on
that have such an impact on every single person's daily life as an
infrastructure bill. It is what moves people. It is what moves goods.
That is why we need a bill that makes us globally competitive. We
need a bill that builds roads and bridges. We need a bill that
decreases traffic and improves people's quality of life. Doing so, by
the way, would decrease carbon emissions. But this bill actually bans
new roads by stripping States of their ability to prioritize building
new roads or bridges.
We need a bill that makes it more efficient to move products from
place to place, and we need a bill that takes control out of the hands
of bureaucrats and empowers local leaders because they know best what
their community needs. Unfortunately, this bill does none of those
things.
What it does do is increase inflation, cost, and debt. There are zero
proposals to pay for this bill. It is not a serious attempt to
legislate. It is another partisan wish list and, sadly, another missed
opportunity to uplift the everyday lives of Americans.
This misguided legislation is not what the American people need. I
hope calmer heads will prevail, and we see that a real bipartisan
effort to get this important work done actually happens.
Mr. Speaker, I urge opposition.
Mr. DeFAZIO. Madam Speaker, I yield 1 minute to the gentlewoman from
Kansas (Ms. Davids), the vice chair of the committee.
Ms. DAVIDS of Kansas. Madam Speaker, I rise in support of the INVEST
in America Act.
This comprehensive bill builds our economy back better than before,
creates good-paying jobs, and tackles climate change.
In the Kansas Third, there is a particular highway that has been a
priority since my predecessor's predecessor. It is the busiest four-
lane road in the State, experiencing increased crashes and constant
congestion.
Folks in our district disagree on plenty, but not this. U.S. 69 must
be addressed.
I am now the vice chair of the Transportation and Infrastructure
Committee, the first Kansan to serve on the committee in a decade. I am
proud to say this bill puts us one step closer to bringing home the
Federal investment necessary to reduce congestion, increase safety, and
attract economic development.
It also includes two provisions I introduced on resiliency and
responsible financing, saving taxpayer money and bringing smart
investments home.
For the people sitting in traffic, waiting for the bus in Wyandotte
County, or wondering why that one road floods every year no matter how
many times we fix it, this cannot wait. If we fail to act, these
authorizations will run out by October.
Madam Speaker, I urge my colleagues to support the INVEST in America
Act to create jobs and propel our infrastructure into the modern era.
Mr. GRAVES of Missouri. Madam Speaker, can I inquire as to how much
time is remaining?
The SPEAKER pro tempore (Ms. Jackson Lee). The gentleman from
Missouri has 8\1/2\ minutes remaining. The gentleman from Oregon has 2
minutes remaining.
Mr. GRAVES of Missouri. Madam Speaker, I yield 1 minute to the
gentleman from Virginia (Mr. Cline).
Mr. CLINE. Madam Speaker, rather than working across the aisle to
advance a bipartisan highway bill, as they are attempting to do in the
Senate, House Democrats have jammed a partisan bill through to the
floor that puts America on a road to nowhere.
This bill is nothing but a partisan wish list that prioritizes the
Green New Deal agenda over the core needs of our Nation's
infrastructure, like roads and bridges. In fact, the bill before us
would actually prevent the building of new roads, ripping away the
ability of States to prioritize the needs of local communities.
I was sent to Washington to ensure our government is transparent and
accountable for every action it takes. Spending $1 out of every $2 to
comply with Green New Deal mandates is absolutely ludicrous.
I will not accept a deal that puts big cities and Big Government over
the interests of the American taxpayers who I represent in rural
America.
We are willing and open to negotiating realistic ways to rebuild our
highways and infrastructure, but it must be done in a fiscally
responsible manner and not through deficit spending.
Madam Speaker, I urge a ``no'' vote on this misguided piece of
legislation.
Mr. DeFAZIO. Madam Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Madam Speaker, I yield 1 minute to the
gentleman from North Carolina (Mr. Murphy).
Mr. MURPHY of North Carolina. Madam Speaker, today, I rise in
opposition to H.R. 3684. American infrastructure is in dire need of
repair, but this is just not the way to do it.
One provision lifts a longtime ban against spending Federal money on
art and nonfunctional landscaping. It is sad when tax dollars are
diverted to afford art projects rather than fixing crumbling bridges,
buildings, and roads.
That is why I introduced H.R. 3208, which would amend the U.S. Code
to explicitly define what the term ``infrastructure'' means so we can
better allocate taxpayer dollars. In my bill, the term
``infrastructure'' is defined as being specific to bridges, dams,
wharves, roads, highways, ports, buildings, and public utilities,
including broadband, airports, and train stations, not childcare.
This messaging bill prioritizes Pelosi's party and its green agenda
over the needs of this great Nation. I urge my colleagues to vigorously
oppose passage of this misguided bill.
Mr. DeFAZIO. Madam Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Madam Speaker, I yield 1\1/2\ minutes to the
gentleman from Texas (Mr. Nehls).
Mr. NEHLS. Madam Speaker, my amendment, which was rejected by the
majority, calls for cities--think about this now--that have defunded
their police forces from receiving Federal National Highway Traffic
Safety Administration grants for traffic enforcement.
Look at Austin, look at Seattle, look at Oakland, look at New York,
millions and millions of dollars being defunded from their local law
enforcement agencies. They should not be eligible to apply for Federal
grant funds in the millions of dollars after they have chosen to defund
their own agencies. It makes no sense.
Look at Oakland and look at the other cities today. Crime is on the
rise. Violence in these liberal cities is out of control, and still,
these cities continue to defund their police departments. They should
not be allowed to tap into Federal grant moneys when they have chosen
to defund their police.
Madam Speaker, I cannot support such hypocrisy, and I will be voting
against this bill.
Mr. DeFAZIO. Madam Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, this bill basically lets the American people down.
This is a missed opportunity for partnership, a chance to come together
and pass a bill that addresses the real infrastructure needs of all of
our communities, from the largest cities right down to our most rural
areas.
Members on the other side have said that they don't want another
traditional highway bill, but we can't abandon our roads and bridges
just to say we want something new. Our core infrastructure has become
traditional because Americans depend on it to work, travel, and live.
That is why every highway bill that has become law for at least the
last three decades has done so based on bipartisanship, Democrats and
Republicans sitting down together with their
[[Page H3514]]
priorities and putting in the work to find common ground that both
sides can support.
We could have found common ground and achieved many of the goals
while addressing Republican priorities, as well. That is what the
American people want us to do. That is what the President at least said
that he wanted, and that is what the Speaker actually said she wanted
our committees to do.
But the process that led us here didn't reflect any of those calls to
unity. What is even more frustrating is that we did have a bipartisan
agreement in place, at least part of it, ready to take up again, and
that was the wastewater section of this bill. But the majority, again,
blatantly rejected the chance to work together on another
infrastructure issue that has been and should continue to be
bipartisan.
This bill only reflects the majority's one-size-fits-all vision for
what they think our infrastructure should look like. It doesn't reflect
the realities of what actually addresses the needs of our communities.
Today, I am going to ask my colleagues to consider this: Does this
help your communities? Do you consider art to be infrastructure? Do you
feel good about spending $550 billion on a highway bill that restricts
communities from building highways? Most importantly, can you ignore
the reality of spending more than $715 billion with no pay-fors, no
revenue title, just piling more debt onto our children's future and
driving up inflation?
For me, that answer is really simple. It is no.
What is worse, progressives are not going to let this bill or any
real infrastructure bill become law unless they get their $6 trillion
partisan wish list. They are holding infrastructure hostage to achieve
their socialist tax and spend agenda.
Madam Speaker, I urge my colleagues to oppose this bill and the
majority's partisan process, and I yield back the balance of my time.
Mr. DeFAZIO. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, we have heard a lot from their side that we should
have worked with them. They offered an alternative. They have talked a
lot about how we are not putting money into bridges and highways. We
are putting in $333 billion, and they put in $310 billion, and I am not
even sure that they included anything on safety. They had zero on
rail--zero--and status quo for transit. That is a 21st century
transportation bill?
As I mentioned earlier, we have built 35,000 lane miles in the
hundred largest cities. Guess what? They are running out of space. They
have to tear down neighborhoods to build any more, and it is not
working.
Congestion is six times worse than it was 35 years ago. Americans
waste $170 billion a year in congestion. Business wastes time in
congestion.
We need to solve these problems, and we have to look at new ways of
solving these problems. What we have been doing since Dwight David
Eisenhower was great at the time. It doesn't work in the 21st century.
They continue to deny the threat of climate change or even the
existence of climate change. I tried to say: Okay, you can't
acknowledge climate change. Trump won't let you do that, and fossil
fuel contributors won't let you do that. How about this? You
acknowledge that there is a business case to be made.
GM is going all electric, all electric in 2035. Where are they going
to charge? You have four companies making 80,000-pound tractor semis.
Fred Smith, FedEx, going all electric in the near term--no place to
charge them except at fleet headquarters. They have to be able to
charge on the road.
But, no, we shouldn't invest in EV charging. We should just keep
doing the same thing. We should keep polluting the atmosphere.
But they do believe in resilience. We have to build up Louisiana and
other places, Florida, to deal with sea level rise. Why is the sea
level rising? We have to deal with extraordinary, unprecedented climate
events. We have to deal with those in rebuilding our infrastructure.
``Oh, no. Why is that happening?'' ``Don't worry about that.''
We will do that, but we will not go to the root cause.
We are doing all three. We are rebuilding resilient; we are
rebuilding America and creating jobs. We are making the country more
efficient. And we are dealing with climate change. This is the 21st
century. Deal with the threats of the 21st century.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The time of the Committee on Transportation
and Infrastructure has expired.
{time} 1815
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, the INVEST in America Act marks an important first
step forward on President Biden's jobs agenda. This legislation invests
in surface and water infrastructure to create jobs, revitalize the
economy, and improve public health.
I appreciate all the hard work that Chairman DeFazio and the members
of the Transportation and Infrastructure Committee have done to make
our transportation sector greener and more equitable.
I am proud of the important drinking water legislation and vehicle
safety legislation that is included in this bill that came out of my
committee, the Energy and Commerce Committee.
Madam Speaker, the drinking water provisions of this bill combine two
pieces of legislation, the AQUA Act of 2021, authored by Environment
and Climate Change Subcommittee Chairman Tonko, and the Low-Income
Water Customer Assistance Program led by Representatives Blunt
Rochester, Katko, Dingell, and Tlaib.
Safe drinking water is one of our most fundamental human rights, yet
right now, there are millions of Americans across the country who
cannot trust that the water coming out of their taps is safe. That is
simply unacceptable, and it is why the INVEST in America Act invests
$117 billion to address drinking water infrastructure safety and
affordability.
The legislation increases authorizations for drinking water programs
by more than $80 billion, including funding to replace lead service
lines nationwide. There is no safe level of lead exposure. It comes
with tremendous human health risks, and that is why we must replace the
lead service lines that deliver our water and ensure every home is safe
from lead contamination.
The legislation also funds water resiliency programs, school drinking
water safety programs, and Tribal water programs. Investments in
drinking water infrastructure have a proven track record of creating
jobs while improving public health protections. Requirements included
in this bill will ensure those jobs and those health benefits reach
environmental justice communities.
The bill will also improve drinking water safety by repairing the
broken standard-setting process under the Safe Drinking Water Act. We
all know that we need to do more to ensure the safety of our drinking
water. This bill would make targeted changes and set deadlines to
empower the EPA to set the protective drinking water standards that our
communities need.
Madam Speaker, the bill provides assistance to low-income families so
they can afford their water bills. Financial hardship should not stand
between any family and basic access to water. This bill creates two
water assistance programs similar to the successful Low Income Home
Energy Assistance Program, better known as LIHEAP.
We also authorize funding to reduce or eliminate customer debt and
prohibit water service shutoffs for 5 years for the participating water
systems. These funds will give families peace of mind that they will
continue to have access to safe, clean, and affordable water.
The legislation also includes auto safety reforms that mandate proven
safety technologies that could save 20,000 lives per year. In 2020
alone vehicular crashes resulted in over 42,000 deaths. The INVEST in
America Act includes a bold vision of safety and innovation that will
save lives, boost domestic manufacturing, and strengthen our industrial
base. The safety reforms will deploy existing proven technologies that
can have immediate lifesaving effects such as crash avoidance systems,
drunk driving prevention technology, and it will put an end to children
dying in hot cars.
It also includes my Five-Stars for Safe Cars Act, legislation
modernizing the five-star safety rating for the 21st century, providing
consumers with
[[Page H3515]]
meaningful comparative information about the safety of vehicles.
Now, in addition to our water and safety provisions, Madam Speaker,
there are several important amendments that will strengthen the bill
even further.
Particularly, I urge support for an amendment from Energy
Subcommittee Chairman Rush that will supercharge electric vehicle
infrastructure and electric vehicle deployment. It also encourages the
domestic manufacturing of electric vehicle and infrastructure
components.
I also urge support for Representative Dingell's clean energy
technology accelerator amendment that incorporates her bipartisan
legislation with Representative Young and provides financing for clean
energy infrastructure.
So, Madam Speaker, the INVEST in America Act is transformative
legislation that focuses our investments where they belong:
revitalizing and modernizing our infrastructure, creating new, good-
paying jobs, and taking a critical step to fulfill President Biden's
promise to build back better.
Madam Speaker, I urge strong bipartisan support for this legislation,
and I reserve the balance of my time.
Mrs. RODGERS of Washington. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, I rise today on H.R. 3684, the INVEST in America Act.
I support improving America's infrastructure, but even a broad
definition of infrastructure doesn't include creating a massive network
of centralized planning, unreasonable regulations, and undisciplined
debt. This is not how we win the future.
We have shown how working together can result in positive
improvements for drinking water systems. Take the America's Water
Infrastructure Act of 2018, AWIA, which was a huge bipartisan win for
water infrastructure. Today, while the bill before us renews several
AWIA authorizations, H.R. 3684 is plagued by significant controversial
policy choices.
First, it authorizes drinking water loan fund spending amounts that
are triple those requested in the President's fiscal year 2022 budget,
$1.35 billion versus $4.14 billion.
It also layers an expensive, new, 10-year, $45 billion public and
privately owned lead service replacement program on top of two existing
EPA programs. It does so even though EPA is at least 2 years away from
determining where lead service lines should be replaced, and the costs
involved.
Second, the legislation makes radical changes to EPA's regulatory
authority for drinking water contaminants. It promotes stringency
rather than health.
It will raise costs on all customers, including low-and middle-income
families and punish communities with the lowest rate bases.
H.R. 3684 strikes the requirement in the Safe Drinking Water Act that
costs of a regulation be in line with its health benefits. That allows
communities to protect public health without overspending their finite
public health resources on minimal risks. Communities must be allowed
to prioritize their limited resources on their most pressing concerns.
The INVEST in America Act also removes language permitting our lowest
and smallest communities--with EPA approval--to use more affordable
technology that protects people's health.
This bill authorizes $4 billion to pay off unpaid bills from the last
15 months--even though Congress has already provided at least $1.1
billion to do this. Importantly, water systems that participate in this
program are prohibited from collecting old amounts from their customers
for 5 years, regardless of income. This will cripple water systems'
ability to meet expenses and plan.
If that is not enough, H.R. 3684 creates a new, $8 billion
entitlement program at the EPA. This is EPA's first-ever entitlement
program. It creates barriers for smaller, poorer, water systems and
requires EPA to study the need for this program only after it starts
handing out all this money.
Without dramatic changes, I can't support this bill, and I urge
opposition. I encourage all Members of the House to support Republican
amendments that correct its deficits, including my amendment with
Ranking Member McKinley, which builds upon the 2018 bipartisan efforts
and reauthorizes more than $11 billion for the bipartisan drinking
water programs from AWIA.
I also have to address the so-called auto safety title that the
majority dropped into this bill.
In mid-April we agreed with the Energy and Commerce Committee
Democrats to circulate a draft auto safety title to stakeholders,
largely written by the Democrats, that included a proposal promoting
autonomous vehicles. We worked in good faith--even when the majority
backed off on their commitment for a legislative hearing. Our patience
seemed to be rewarded with this rushed measure without even a markup.
It is notable that the framework for autonomous vehicles is missing
in this legislation before us. We must provide a pathway for America to
beat China and lead in the testing and the deployment of AVs.
This deficiency is a gift to the trial lawyers who make money off of
unsafe roads.
It rewards the Teamsters, who completely misunderstood that our
jurisdiction only includes passenger vehicles and not trucking. Their
opposition hurts their brothers and sisters in labor who want to make
these vehicles.
Sadly, this failure will hurt vulnerable communities. AV legislation,
autonomous vehicles, self-driving cars, would deliver a whole new form
of mobility for seniors and people with disabilities.
Our economy and national security is also compromised here as well.
Inaction cedes the leadership of driverless cars to China, just like we
did for communication equipment companies. It is not acceptable. We can
do better.
Madam Speaker, I reserve the balance of my time.
Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from
California (Mr. McNerney), who is a member of our committee and always
looking to make everything green.
Mr. McNERNEY. Madam Speaker, I rise today in support of H.R. 3684,
the INVEST in America Act, and in support of my amendment to this
legislation.
Water main breaks are one of the most visible signs of our
deteriorating infrastructure. Some of our Nation's water pipes date
back to the 19th century, and many are reaching the end of their
designed lifetime.
Reports have found a 27 percent increase in water main breaks between
2012 and 2018--that is 6 years--equating to a break every 2 minutes
nationwide.
Despite vast economic implications, most water main breaks don't even
make the local news, and consistent data about them is not regularly
collected. And as California faces the worst drought in decades, we do
not have the luxury of remaining in the dark about our most valuable
resource.
Under my amendment, data on water main breaks will be compiled in a
publicly accessible database that will offer great opportunities for
analysis and insights into this nationwide problem.
Increasing the consistent reporting of breaks will shine new light on
the magnitude of this water infrastructure challenge and help us track
the pace of improvements as we make needed repairs and replacements.
The knowledge to be drawn from this new database will help all our
drinking water utilities become more resilient in facing the challenges
of climate change.
Furthermore, the work done by my colleagues and me in the Energy and
Commerce Committee will ensure crucial drinking and wastewater
infrastructure improvements that communities across the Nation
desperately need. These provisions not only improve the water we drink
and help keep pollution out of our rivers and lakes, they will also
create good-paying jobs and tackle the climate crisis head-on.
Lastly, this legislation recognizes that working directly with our
communities is the best way to identify the unique infrastructure needs
of our specific districts. As a result, my district is set to receive
much-needed funding for six separate infrastructure projects spanning
road, rail, and public transportation infrastructure.
Madam Speaker, I urge my colleagues to support it.
Mr. JOYCE of Pennsylvania. Madam Speaker, I yield 1\1/2\ minutes to
the gentleman from Ohio (Mr. Latta), who is the ranking member of the
Subcommittee on Communications and Technology.
[[Page H3516]]
Mr. LATTA. Madam Speaker, I thank the gentleman for yielding.
Madam Speaker, I rise today to voice my disappointment and opposition
to the INVEST in America Act and the amendment process.
The majority has missed the mark with this so-called infrastructure
bill that doesn't even allow States to build new roads or bridges.
How are my constituents in rural Van Wert County going to get to
school, work, doctor's appointments, or the grocery store without roads
to drive on?
Rural America is not considered in this bill, and it does not
increase safety on our roads.
I filed my legislation, the SELF DRIVE Act, as an amendment to create
a Federal safety framework for autonomous vehicles, but it was not made
in order. My amendment would have supported the safe testing and
deployment of self-driving cars. This technology will save lives on
roads, improve mobility for seniors and individuals with disabilities,
and keep innovation and jobs in America.
Ironically enough, an amendment expressing the sense of the House to
develop this type of Federal framework was made in order. Yet the
bipartisan solution--the actual framework to improve roadway safety--
will not be considered on the floor today.
I am disappointed this House is not prioritizing safety and American
leadership by supporting self-driving vehicles. I remain at the table
to work with Members on both sides of the aisle to enact legislation
establishing a national AV framework.
Mr. PALLONE. Madam Speaker, may I inquire about the time remaining on
each side.
The SPEAKER pro tempore. The gentleman from Pennsylvania has 8\1/2\
minutes remaining. The gentleman from New Jersey has 8\1/2\ minutes
remaining.
{time} 1830
Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from
New York (Mr. Tonko), who is the author of the AQUA Act, which is the
infrastructure piece of the water bill, and the chairman of the
Environment and Climate Change Subcommittee.
Mr. TONKO. Madam Speaker, I thank the gentleman for yielding.
Every life and every job depends on safe drinking water.
Unfortunately, our water systems have been underfunded for decades, and
the EPA has been unable to finalize new national standards since 1996.
Division I will enhance our drinking water infrastructure, its
quality, and its affordability. This bill includes the investments and
the policy reforms that will make the Safe Drinking Water Act actually
live up to its name.
It significantly increases funding for the State Revolving Fund. It
funds lead line removals to the full extent. It addresses PFAS
contaminations, which are an endangerment to public health.
This is a down payment on critical public health infrastructure that
must be part of our infrastructure investments moving forward. We know
our water systems need these dollars; and our constituents deserve to
have safe, reliable, and affordable water, free from lead, from PFAS,
and other dangerous contaminants.
We need to be stronger partners with those at the local levels of
government. So I encourage support of this measure.
I thank Rick Kessler, Jacqueline Cohen, Anthony Gutierrez, Rebecca
Tomilchik, and last, but not least, Brendan Larkin from the committee
staff for their long hours put into this effort and their diligence as
it relates to this division.
Mr. Speaker, I urge Members to support this bill.
Mr. JOYCE of Pennsylvania. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from Florida (Mr. Bilirakis), my friend and colleague.
Mr. BILIRAKIS. Mr. Speaker, I thank my friend from Pennsylvania, a
great member of the Energy and Commerce Committee.
I want to express my disappointment with the inclusion of a partisan
auto safety title in this legislation before us today. I hope the
Senate is listening and sees that this does not represent a consensus,
since this product completely bypassed the Energy and Commerce
Committee.
We even agreed in April to circulate a draft safety title to
stakeholders with our majority counterparts; drafts, I would add, that
were largely written by them. But, sadly, they walked away from their
own proposals, completely ignoring minority and stakeholder concerns,
and bypassed regular order altogether.
One could only surmise that the directive came straight from the
majority leadership.
And for what? To snatch defeat from the jaws of a bipartisan victory?
The National Federation of the Blind even supported an amendment I
drafted, with their input, to increase transportation access and
benefits for Americans with disabilities. The Rules Committee voted not
to make it in order. It is truly puzzling that a vote for this
previously bipartisan initiative would fall victim to such partisan
politics.
Mr. Speaker, I urge a ``no'' vote on this legislation. We need to get
back to the table and deliver for those who are left behind by this
partisan bill.
Mr. PALLONE. Mr. Speaker, I yield 1 minute to the gentleman from
Oregon (Mr. Schrader).
Mr. SCHRADER. Mr. Speaker, I strongly support the energy and commerce
provisions in the INVEST in America Act.
I would like to speak briefly about the surface transportation side.
An amendment I have in there adds a goal to the Highway Bridge
Replacement and Rehabilitation Program that these investments increase
the resiliency of bridges, including the ability to withstand
disruptions from a seismic event.
The Pacific Northwest is due for a major seismic event, and our
communities need to be able to take the necessary steps to ensure our
infrastructure can withstand these disasters. This amendment will make
that a possibility and ensure that projects focusing on seismic
resiliency are prioritized by the U.S. Department of Transportation
when they submit applications.
In my district, Interstate 205 is set for a massive retrofitting to
improve the vital passenger and freight corridor and mitigate the awful
congestion many of our communities currently face.
One of the key components of this project is to retrofit the
Abernathy Bridge and make it seismically resilient. This bridge is a
critical span over the Willamette River and will be essential in the
event of a major disaster to coordinate first responders and supplies
to affected Oregonians.
Mr. Speaker, I am proud to offer the amendment.
Mr. JOYCE of Pennsylvania. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from South Carolina (Mr. Duncan).
Mr. DUNCAN. Mr. Speaker, this bill is riddled with problems, but one
example I want to focus on right now is the Low-Income Water Customer
Assistance Program.
I have an amendment that would rein in some of this program's
outlandish spending and take a more targeted approach at water
assistance.
Let me be very clear. I am not saying that there is not a need for a
program such as this, and I am not saying that some people wouldn't
benefit from it. All I am saying is that we should figure out the best
way to attack the problem before authorizing $8 billion to fund it.
Funding the program prior to a study is backwards.
The logical first step is to determine the scope of the problem,
rather than just throwing money at it; and my amendment would do just
that.
I would argue that the Democrats even recognize the need for a study.
They included it in the bill. I am just arguing it should be done
before the implementation of a permanent entitlement at the EPA, the
very first of its kind, when the EPA said they didn't have
the logistics or the ability to run the program.
This is irresponsible government, and it will come at the cost of
taxpayers. Mr. Speaker, I urge my colleagues to consider this and vote
``no'' on the underlying bill.
Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Michigan (Ms. Tlaib), who has been so helpful in putting together the
infrastructure and the assistance program in this bill.
Ms. TLAIB. Mr. Speaker, during my time in Congress, I have made it my
mission to put into policy what we all should know to be true: That
safe, clean water is a human right; that water is life.
[[Page H3517]]
This bill includes critical water provisions that will provide clean,
affordable drinking water. Over 60 schools in one of my cities alone
has garbage bags over their drinking fountains. So we must invest in
lead pipe and school drinking fountain replacement so that no child has
to drink poisoned water. This bill gets us closer to that.
We invest in water debt relief and low-income assistance so that
nobody has to suffer the indignity of having their water shut off and
having to rely on bottled water or collecting rainwater.
A couple in my district, Mr. Speaker, had to melt snow just to flush
their toilets.
Millions of Americans have experienced inhumane water shutoffs, but
this bill declares that nobody, especially our poor neighbors, should
live without water in our country. We will stop water shutoffs.
And my amendment helps families to make it clear that everyone
receiving assistance must be reconnected and stays connected. Again, we
are getting closer to the root causes of shutoffs because in this bill
we include reporting and data collection that is so critically
important to understand why water is becoming unaffordable and
inaccessible.
Again, it is important at all levels of government that we continue
to work together in truly making water a human right.
Mr. JOYCE of Pennsylvania. Mr. Speaker, I yield 1\1/2\ minutes to the
gentlewoman from Arizona (Mrs. Lesko), my colleague and a member of the
Energy and Commerce Committee.
Mrs. LESKO. Mr. Speaker, I rise in opposition to this bill.
This bill should be focused on proposals that make the United States
more competitive in the global economy, and update our Nation's
infrastructure; but instead it is filled with detrimental mandates.
Despite the fact that rail offers one of the most environmentally
efficient ways to transport goods, this bill includes regulations that
undermine the railroad industry's ability to offer competitive
services. The bill effectively prohibits movement of liquefied natural
gas by rail, despite extensive research into the safety of this method
by the Department of Transportation.
This legislation also would allow the EPA to enact burdensome
regulations on drinking water utilities, driving up costs for low-
income consumers.
Under these new regulations, drinking water utilities that serve
smaller, lower-income communities cannot receive direct funding from
the EPA. This harms low-income consumers and those on fixed incomes.
They will have to jump through burdensome hoops and will face increased
costs that many of them cannot afford.
In drafting this bill, Democrats have pushed aside commonsense
solutions to push their radical, partisan agenda.
Mr. Speaker, I urge my colleagues to oppose this bill.
Mr. PALLONE. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. Garcia).
Mr. GARCIA of Illinois. Mr. Speaker, I commend both Chairman Pallone
and Chairman DeFazio for their excellent work on moving forward the
INVEST in America Act and clean water work as well.
I fought hard to advance equitable transit oriented development,
create a National Frontline Transit Workforce Development Center, and
ensure that our transportation system is focused on providing access to
jobs and services for those who need it.
As we move forward toward a reconciliation package, I will keep
fighting for robust investments to reduce carbon emissions and air
pollution from transportation; expand mass transit and biking and
walking options; and electrify every public transit bus, school bus,
and commuter railroad in this country.
Mr. Speaker, we cannot wait any more for bold action. The climate
crisis certainly won't wait.
Mr. JOYCE of Pennsylvania. Mr. Speaker, I am prepared to close, and I
reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, can I ask again how much time remains on
each side?
The SPEAKER pro tempore (Mr. Morelle). The gentleman from New Jersey
has 3\1/2\ minutes remaining. The gentleman from Pennsylvania has 4\1/
2\ minutes remaining.
Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Illinois (Ms. Schakowsky), who is the chair of our Consumer Protection
and Commerce Subcommittee, and is the author of many of the auto safety
provisions in this bill.
Ms. SCHAKOWSKY. Mr. Speaker, I thank Chairman Pallone for getting a
transformative auto safety package into the INVEST in America Act. This
will save tens of thousands of lives if we can get this passed, and I
hope that we will see that happen.
We had a press conference this morning where we had people who have
suffered such great harm. We heard the story of a limousine with 18
people, 6 from one family, that went up in flames because of a drunk
driver.
We heard from a woman whose child died in a hot car. We have the Hot
Car Act that would make sure that there is a warning that there is a
child in the back seat, because 1,000 children, babies and toddlers,
have died since 1990 in hot cars. This was a press conference with
tears and anguish for preventable things, and I am so grateful that
this is in the legislation.
I also just want to say that the city of Chicago has the most water
lines with lead inside of them, and this legislation will deal with
water safety. And this is so important because the lead poisoning does
not go away. Children are affected for life because of that.
So the bills that I am talking about are lifesavers as part of this
whole package of the INVEST in America Act.
I also want to thank Representative Peter DeFazio for his great work
in putting this together.
Mr. JOYCE of Pennsylvania. Mr. Speaker, I yield myself such time as I
may consume.
I rise to oppose H.R. 3684 as a whole, and, in particular, the AQUA
Act. This is yet another partisan attempt at unnecessary and costly
legislation. These rush-to-spend bills are bad for rural America. They
are bad for my constituents.
{time} 1845
Every Member in this Congress wants safe drinking water for their
communities and constituents. That is why we have already spent over $1
billion in the last 6 months on drinking water and on wastewater
assistance.
The additional tens of billions of dollars that this legislation will
spend is wasteful and gratuitous. Under this proposal, the EPA will be
tasked, for the first time, with administering a welfare program, which
will be worth $8 billion.
Worse yet, these bills restrict the rights of local and municipal
authorities to best meet their customers' needs. In this legislation,
local water utilities are prevented from taking action to collect
overdue payments for up to 5 years, regardless of the income level of
the offenders.
It would rescind flexibility for modest communities to have variances
for their small water systems.
Furthermore, it would repeal provisions in the Safe Drinking Water
Act that prohibit burdensome regulations where costs exceed benefits.
Unfortunately, this legislation yet again demonstrates the Democrats'
fixation on urban centers while leaving rural Americans behind.
For all of these reasons, I strongly urge my colleagues to join me in
voting ``no,'' and I yield back the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself the balance of my time.
I respect my colleague from Pennsylvania, but I have to say, I
totally disagree that this legislation is not necessary.
We know that America's drinking water infrastructure is failing.
Anyone who experienced what happened in Flint, Michigan, or my own
State, in Newark, knows that there are all of these lead pipes out
there that need to be replaced. Congress has to take bold action to
deliver crucial drinking water improvements that communities all around
the Nation desperately need.
I heard what my colleague, Congresswoman Tlaib, said, that safe
drinking water is a fundamental human right, and that is true. These
bills include significant and meaningful investments and reform that
will ensure that every household has safe, reliable, and affordable
drinking water.
Congresswoman Tlaib and the Michigan delegation, they really brought
[[Page H3518]]
home to us, practically speaking, what needs to be done here, both with
the infrastructure improvements for drinking water as well as for the
assistance for households and those with debt.
Mr. Speaker, this is a very important bill. I urge bipartisan
support, and I yield back the balance of my time.
Ms. PELOSI. Mr. Speaker, in November, the American people elected
leaders committed to not only recovering from the pandemic and economic
crisis, but to Building Back Better.
Americans know that now is the time to act boldly with a once-in-a-
century investment to rebuild our nation's infrastructure.
With the INVEST in America Act, Democrats are honoring the faith
placed in us, as we seize this historic opportunity to Build Back
Better.
Thank you to Chair Peter DeFazio, who has been masterful in putting
together this strong, jobs-creating package to rebuild America. Thanks
also to Chair Frank Pallone, and to members of both committees for
ensuring that the priorities of all our communities are represented in
this legislation.
INVEST IN AMERICA ACT
This package was developed with the benefit of regular order, after
dozens of hours of hearings and mark-ups, and hundreds of amendments
debated.
And--proudly--as a result, it is transformative. It contains the
goals of the President's American Jobs Plan, as it puts America on a
path to create millions of good-paying jobs, ensure we can out-compete
any other country and power economic growth for decades.
NEED FOR INVESTMENT
And it is desperately needed: America ranks 13th in infrastructure
quality, with the American Society of Civil Engineer awarding us a ``C-
'' grade.
We face a maintenance backlog of over $1 trillion in transportation
alone--imposing serious costs on businesses and workers, who bear the
burden of congestion, delays and missed opportunity.
As I often say, the most expensive maintenance is no maintenance.
COMPETITIVENESS
The INVEST in America Act will not only rebuild our infrastructure;
it will rebuild our middle class--connecting workers with good-paying
union jobs with benefits and helping working families recover from the
pandemic and economic crisis.
It puts equity front and center. Its benefits target underserved
communities: communities of color, rural communities and places with
persistent poverty.
And it will take us into the future: advancing a zero-emissions
future by expanding transportation alternatives, targeting pollution
reduction, using greener materials and investing in resilient
infrastructure.
EV INFRASTRUCTURE
We are particularly proud of the investments that this legislation
makes in electric vehicle charging infrastructure.
This spring, before Easter, Chair DeFazio held a bipartisan hearing
on electrification in which CEOs from companies such as FedEx
testified. And they all, including Fred Smith of FedEx, said, ``We're
going electric.''
Electric vehicles are the future, and America cannot be left behind.
DETAILS
The American people across parties support these initiatives, which
include:
$343 billion investment in roads, bridges and safety: a more than 50
percent increase, focused on fixing existing infrastructure, including
with $32 billion to ensure bridges in communities of all sizes are
safer, more reliable and more resilient.
$109 billion for transit: a record investment to increase routes,
reduce the maintenance backlog, expand service for rural communities
and low-income riders and invest in zero-emission vehicles.
$95 billion for passenger and freight rail: tripling Amtrak funding
for better service, reduced congestion and improved rail safety. We are
particularly proud of the funding secured for the development of high-
speed rail--which is the future.
Over $50 billion for wastewater infrastructure: improving services
for vulnerable communities and prioritizing energy efficiency and
resilience.
$117 billion for drinking water infrastructure, including to replace
the 10 million lead service lines in use nationwide, including at an
estimated 400,000 schools and child care facilities. As many here. I
have traveled to Flint, Michigan over time and seen the dire need for
improved drinking water infrastructure in this and so any other
communities.
NEXT STEPS: JOBS & FAMILIES PLANS
The American people want and expect us to pass this legislation.
Once we do so, the House will work with the Senate to ensure that the
strong and bipartisan provisions of our legislation are included in the
final package. And we will work with them to secure robust investments
in parents, workers and young people through the American Families
Plan.
Our responsibility--and our pledge--is to pass and enact an
infrastructure package and reconciliation bill that truly meet the
needs of Americans.
The initiatives of President Biden's American Jobs and American
Families Plans enjoy the strong support of the American people,
including Republicans. Democrats are committed to making them law--so
we can Build Back Better, with prosperity, opportunity and justice for
all.
The SPEAKER pro tempore. All time for debate has expired.
Each further amendment printed in House Report 117-75 not earlier
considered as part of amendments en bloc pursuant to House Resolution
508 shall be considered only in the order printed in the report, may be
offered only by a Member designated in the report, shall be considered
as read, shall be debatable for the time specified in the report
equally divided and controlled by the proponent and an opponent, may be
withdrawn by the proponent at any time before the question is put
thereon, shall not be subject to amendment, and shall not be subject to
a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Transportation and Infrastructure or his designee to offer amendments
en bloc consisting of further amendments printed in House Report 117-
75, not earlier disposed of. Amendments en bloc shall be considered as
read, shall be debatable for 20 minutes equally divided and controlled
by the chair and ranking minority member of the Committee on
Transportation and Infrastructure or their respective designees, shall
not be subject to amendment, and shall not be subject to a demand for
division of the question.
amendments en bloc no. 1 offered by mr. lamb of pennsylvania
Mr. LAMB. Mr. Speaker, pursuant to House Resolution 508, I rise to
offer amendments en bloc No. 1.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 1, 2, 3, 4, 25,
32, 50, 51, 53, 55, 56, 57, 58, 59, 60, 64, 66, 68, 69, 71, 72, 73, 75,
83, 84, 87, 88, 90, 91, 93, 95, 96, 97, 99, 101, 102, 103, 105, 106,
109, 110, and 111, printed in House Report 117-75, offered by Mr. Lamb
of Pennsylvania:
Amendment No. 1 Offered by Ms. Ross of North Carolina
At the end of subtitle F of title I of division B, add the
following:
SEC. 1640. ELECTRIC VEHICLE WORKING GROUP.
(a) Establishment of Working Group.--Not later than 240
days after the date of enactment of this Act, the Secretary
of Transportation and the Secretary of Energy shall jointly
establish a working group consisting of Federal and non-
Federal stakeholders to make recommendations on the
development, adoption, and integration of light and heavy
duty electric vehicles into the transportation and energy
systems of the United States.
(b) Membership.--
(1) In general.--The working group shall be composed of--
(A) the Secretaries (or designees), who shall be co-chairs
of the working group; and
(B) relevant Federal and non-Federal stakeholders, as
determined by the Secretaries.
(2) Requirement.--The Secretaries shall ensure that the
members of the working group include individuals with a
balance of backgrounds, experiences, view points, and
represent geographically diverse regions of the United
States.
(c) Meetings.--The working group shall meet not less
frequently than once every 120 days.
(d) Joint Report and Strategy on Electric Vehicle Adoption,
Opportunities, and Challenges.--
(1) In general.--The Secretaries, in consultation with the
working group, shall submit to Congress, a report on the
status of electric vehicle adoption, opportunities, and
challenges to expanding adoption of electric vehicles, and
develop strategies to address these opportunities and
challenges.
(2) Deadlines.--A joint report and strategy shall be
submitted to Congress by September 30, 2025.
(e) Termination.--The working group shall terminate on the
date on which the report and strategy under subsection (d)
are submitted.
Amendment No. 2 Offered by Mr. Auchincloss of Massachusetts
Page 782, line 6, insert the following:
SEC. 2206. NEW MUNICIPAL TRANSIT SERVICES TO BETTER CONNECT
COMMUNITIES.
Section 5336 of title 49, United States Code, is further
amended by adding at the end the following:
[[Page H3519]]
``(l) Pass Through Funding.--
``(1) Pass through to service providers.--Designated
recipients, upon request of a provider of new public
transportation service, shall enter into a split letter or
some other agreement under which not less than 80 percent of
the funding apportioned under subparagraphs (A)(i) and (B)(i)
of subsection (c)(1) to a service provider that results from
the provision of new qualified transit services provided by
such provider is passed through to such provider so long as
the following conditions are met--
``(A) the service being provided as well as the service
provider are eligible for assistance and meets or exceeds all
Federal Transit Administration requirements, including the
requirements of sections 5320 and 5333;
``(B) the service provided has submitted the appropriate
data to the National Transit Database or has submitted such
data to another regional entity for submission to the
National Transit Database;
``(C) the service provider is eligible to be a recipient of
Federal transit funds;
``(D) the service provider is able to use the funding for
continued service or expansion of eligible transit services
so long as any new service being provided does not duplicate
existing service being provided; and
``(E) the regional metropolitan planning organization does
not opt out of the pass-through requirement as allowed by
paragraph (2).
``(2) Opt-out.--A metropolitan planning organization may
elect to have designated recipients within the metropolitan
planning area opt-out if such planning organization certifies
with the Secretary that 1 of the following conditions are
met:
``(A) The new service has not met the conditions outlined
by paragraph (1) of this subsection.
``(B) The new service does not address or align with the
policies and goals identified in the region's transportation
plan.
``(C) The metropolitan planning organization or designated
recipient has in place a process or policy that addresses
multi-agency or regional issues with formula funds and
includes an opportunity for new service providers to
participate and receive necessary funding from such policy or
program.
``(3) Definitions.--In this subsection:
``(A) New transit services.--The term `new transit
services' means public transportation services whereby data
from the provision of services has previously not been
submitted to the national transit database and is service
created to increase access to public transportation, address
areas which are not adequately serviced by high frequency
public transportation, create first and last mile connections
to existing public transportation services, or provide access
to public transportation to long distance commute routes
where no or limited service previously existed.
``(B) Service provider.--The term `service provider'--
``(i) has the meaning given the term `local government
authority' in section 5302; and
``(ii) means a public transportation agency.''.
Amendment no. 3 Offered by Ms. Barragan of California
Page 1510, after line 5, insert the following:
DIVISION H--OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM
SEC. 11101. OUTDOORS FOR ALL.
(a) Definitions.--In this section:
(1) Eligible entity.--
(A) In general.--The term ``eligible entity'' means--
(i) a State or territory of the United States;
(ii) a political subdivision of a State or territory of the
United States, including--
(I) a city;
(II) a county; and
(III) a special purpose district that manages open space,
including park districts; and
(iii) an Indian Tribe, or Alaska Native or Native Hawaiian
community or organization.
(B) Political subdivisions and indian tribes.--A political
subdivision of a State or territory of the United States or
an Indian Tribe, including Alaska Native or Native Hawaiian
community organization, shall be considered an eligible
entity only if the political subdivision or Indian Tribe
represents or otherwise serves a qualifying urban area.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(3) Low-income.--The term ``low-income community'' means
any census block group in which 30 percent or more of the
population are individuals with an annual household income
equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median income of
the area in which the household is located, as reported by
the Department of Housing and Urban Development; and
(B) 200 percent of the Federal poverty line.
(4) Outdoor recreation legacy partnership program.--The
term ``Outdoor Recreation Legacy Partnership Program'' means
the program established under subsection (b)(1).
(5) Qualifying urban area.--The term ``qualifying urban
area'' means an area identified by the Census Bureau as an
area with a population of 30,000 or more in the most recent
census.
(6) Eligible nonprofit organization.--The term ``eligible
nonprofit organization'' means an organization that is
described in section 501(c)(3) of the Internal Revenue Code
of 1986 and is exempt from tax under section 501(a) of such
code.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means any state of the
United States or the District of Columbia.
(b) Grants Authorized.--
(1) In general.--The Secretary shall establish an Outdoor
Recreation Legacy Partnership Program under which the
Secretary may award grants to eligible entities for
projects--
(A) to acquire land and water for parks and other outdoor
recreation purposes in qualifying urban areas; and
(B) to develop new or renovate existing outdoor recreation
facilities in qualifying urban areas.
(2) Matching requirement.--
(A) In general.--As a condition of receiving a grant under
paragraph (1), an eligible entity shall provide matching
funds in the form of cash or an in-kind contribution in an
amount equal to not less than 100 percent of the amounts made
available under the grant.
(B) Sources.--The matching amounts referred to in
subparagraph (A) may include amounts made available from
State, local, nongovernmental, or private sources.
(C) Waiver.--The Secretary may waive all or part of the
matching requirement under subparagraph (A) in underserved or
low-income communities if the Secretary determines that--
(i) no reasonable means are available through which an
applicant can meet the matching requirement; and
(ii) the probable benefit of such project outweighs the
public interest in such matching requirement.
(D) Administrative expenses.--Not more than 10 percent of
funds provided to an eligible entity may be used for
administrative expenses.
(c) Considerations.--In awarding grants to eligible
entities, the Secretary will consider the extent to which a
project may--
(1) provide recreation opportunity in underserved
communities where access to parks is not adequate to meet
local needs;
(2) provide opportunities for outdoor education and public
land volunteerism;
(3) support innovative or cost-effective ways to enhance
parks and recreation opportunities or delivery of services;
(4) support city park and recreation programming, by means
including cooperative agreements with community-based
eligible nonprofit organizations; and
(5) create native event sites or cultural gathering spaces.
(d) Eligible Uses.--
(1) In general.--A grant recipient may use a grant awarded
under this section--
(A) to acquire land or water in a qualifying urban area
that provides outdoor recreation opportunities to the public;
and
(B) to develop or renovate outdoor recreational facilities
in a qualifying urban area that provide outdoor recreation
opportunities to the public.
(2) Limitations on use.--A grant recipient may not use
grant funds for--
(A) incidental costs related to land acquisition, including
appraisal and titling;
(B) operation and maintenance activities;
(C) facilities that support semiprofessional or
professional athletics;
(D) indoor facilities such as recreation centers or
facilities that support primarily non-outdoor purposes; or
(E) acquisition of land or interests in land that restrict
access to specific persons.
(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to projects that--
(1) create or significantly enhance access to park and
recreational opportunities in an urban neighborhood or
community;
(2) engage and empower underserved communities and youth;
(3) provide employment or job training opportunities for
youth or underserved communities;
(4) establish or expand public-private partnerships, with a
focus on leveraging resources; and
(5) take advantage of coordination among various levels of
government.
(f) National Park Service Requirements.--In carrying out
the Outdoor Recreation Legacy Partnership Program, the
Secretary shall--
(1) conduct an initial screening and technical review of
applications received;
(2) evaluate and score all qualifying applications; and
(3) provide culturally and linguistically appropriate
information and technical assistance to eligible entities and
low-income communities about the opportunity to apply for
funds under this section, the application procedures by which
eligible entities may apply for funds, and eligible uses for
funding.
(g) Reporting.--
(1) Annual reports.--Not later than 30 days after the last
day of each report period, each State lead agency that
receives a grant under this section shall annually submit to
the Secretary performance and financial reports that--
(A) summarize project activities conducted during the
report period; and
(B) provide the status of the project.
[[Page H3520]]
(2) Final reports.--Not later than 90 days after the
earlier of the date of expiration of a project period or the
completion of a project, each State lead agency that receives
a grant under this section shall submit to the Secretary a
final report containing such information as the Secretary may
require.
amendment No. 4 offerred by mr. beyer of virginia
At the end of the bill, add the following:
DIVISION H--WILDLIFE CORRIDORS CONSERVATION ACT OF 2021
SEC. 11101. SHORT TITLE; TABLE OF CONTENTS.
This division may be cited as the ``Wildlife Corridors
Conservation Act of 2021''.
SEC. 11102. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources of the
Senate;
(B) the Committee on Environment and Public Works of the
Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Energy and Commerce of the House of
Representatives;
(E) the Committee on Natural Resources of the House of
Representatives;
(F) the Committee on Appropriations of the House of
Representatives; and
(2) Connectivity.--The term ``connectivity'' means the
degree to which the landscape or seascape facilitates native
species movement.
(3) Corridor.--The term ``corridor'' means a feature of the
landscape or seascape that--
(A) provides habitat or ecological connectivity; and
(B) allows for native species movement or dispersal.
(4) Database.--The term ``Database'' means the National
Wildlife Corridors Database established under section
11308(a).
(5) Federal land or water.--The term ``Federal land or
water'' means any land or water, or interest in land or
water, owned by the United States.
(6) Fund.--The term ``Fund'' means the Wildlife Corridors
Stewardship Fund established by section 11401(a).
(7) Habitat.--The term ``habitat'' means land, water, and
substrate occupied at any time during the life cycle of a
native species that is necessary, with respect to the native
species, for spawning, breeding, feeding, growth to maturity,
or migration.
(8) Indian land.--The term ``Indian land'' means land of an
Indian Tribe, or an Indian individual, that is--
(A) held in trust by the United States; or
(B) subject to a restriction against alienation imposed by
the United States.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(10) National coordination committee.--The term ``National
Coordination Committee'' means the National Coordination
Committee established under section 11306(a).
(11) National wildlife corridor.--The term ``National
Wildlife Corridor'' means any Federal land or water
designated as a National Wildlife Corridor under section
11201(a).
(12) National wildlife corridor system.--The term
``National Wildlife Corridor System'' means the system of
National Wildlife Corridors established by section 11201(a).
(13) Native species.--The term ``native species'' means--
(A) a fish, wildlife, or plant species that is or was
historically present in a particular ecosystem as a result of
natural migratory or evolutionary processes, including
subspecies and plant varieties; or
(B) a migratory bird species that is native to the United
States or its territories (as defined in section 2(b) of the
Migratory Bird Treaty Act (16 U.S.C. 703(b))).
(14) Regional ocean partnership.--The term ``regional ocean
partnership'' means a regional organization of coastal or
Great Lakes States, territories, or possessions voluntarily
convened by Governors to address cross-jurisdictional ocean
matters, or the functional equivalent of such a regional
ocean organization designated by the Governor or Governors of
a State or States.
(15) Regional wildlife movement council.--The term
``regional wildlife movement council'' means a regional
wildlife movement council established under section 11307(a).
(16) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Agriculture, acting through the Chief
of the Forest Service, concerning land contained within the
National Forest System;
(B) the Secretary of Commerce;
(C) the Secretary of the Interior; and
(D) the Secretary of Transportation.
(17) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(18) Tribal wildlife corridor.--The term ``Tribal Wildlife
Corridor'' means a corridor established by the Secretary
under section 11303(a)(1)(C).
(19) United states.--The term ``United States'', when used
in a geographical sense, means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau;
(J) the United States Virgin Islands; and
(K) the territorial sea (within the meaning of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.)) and the exclusive economic zone (as
defined in section 3 of that Act (16 U.S.C. 1802)) within the
jurisdiction or sovereignty of the Federal Government.
(20) Wildlife movement.--The term ``wildlife movement''
means the passage of individual members or populations of a
fish, wildlife, or plant species across a landscape or
seascape.
TITLE I--NATIONAL WILDLIFE CORRIDOR SYSTEM ON FEDERAL LAND AND WATER
SEC. 11201. NATIONAL WILDLIFE CORRIDORS.
(a) Establishment.--There is established a system of
corridors on Federal land and water, to be known as the
``National Wildlife Corridor System'', which shall consist of
National Wildlife Corridors designated as part of the
National Wildlife Corridor System by--
(1) statute;
(2) rulemaking under section 11202; or
(3) a land management plan developed or revised under
section 202 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712).
(b) Strategy.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall develop a strategy
for the effective development of the National Wildlife
Corridor System--
(1) to support the fulfillment of the purposes described in
section 11202(b);
(2) to ensure coordination and consistency across Federal
agencies in the development, implementation, and management
of National Wildlife Corridors; and
(3) to develop a timeline for the implementation of
National Wildlife Corridors.
SEC. 11202. ADMINISTRATIVE DESIGNATION OF NATIONAL WILDLIFE
CORRIDORS.
(a) Rulemaking.--
(1) National wildlife corridors.--Not later than 2 years
after the date of enactment of this Act, the Secretary, in
consultation with the Secretaries, pursuant to the land,
water, and resource management planning and conservation
authorities of the Secretaries, shall establish a process, by
regulation, for the designation and management of National
Wildlife Corridors on Federal land or water under the
respective jurisdictions of the Secretaries. Where a National
Wildlife Corridor crosses federal land or water under the
jurisdiction of several secretaries, then the Secretary must
obtain concurrence from the applicable Secretaries before a
National Wildlife Corridor may be designated.
(2) Federal land and water management.--The Secretaries
shall consider the designation of National Wildlife Corridors
in any process relating to the issuance, revision, or
modification of a management plan for land or water under the
respective jurisdiction of the Secretaries insofar as a
corridor is consistent with the purpose of the plan.
(b) Criteria for Designation.--The regulations promulgated
by the Secretary under subsection (a)(1) shall ensure that,
in designating a National Wildlife Corridor, the
Secretaries--
(1) base the designation of the National Wildlife Corridor
on--
(A) coordination with existing--
(i) National Wildlife Corridors;
(ii) corridors established by States; and
(iii) Tribal Wildlife Corridors; and
(B) the best available science of--
(i) existing native species habitat; and
(ii) likely future native species habitats;
(2) determine that the National Wildlife Corridor supports
the connectivity, persistence, resilience, and adaptability
of the native species for which it has been designated by
providing for--
(A) dispersal and genetic exchange between populations;
(B) range shifting, range expansion, or range restoration,
such as in response to climate change;
(C) seasonal movement or migration; or
(D) succession, movement, or recolonization following--
(i) a disturbance, such as fire, flood, drought, or
infestation; or
(ii) population decline or previous extirpation;
(3) consult the Database; and
(4) consider recommendations from the National Coordination
Committee under section 11306(e)(2)(C).
(c) Designation of Federal Land or Water Requiring
Restoration or Connection of Habitat.--The Secretaries may
designate as a National Wildlife Corridor land or water
that--
(1) is necessary for the natural movements of one or more
native species;
(2) requires restoration, including--
(A) land or water that is degraded; and
(B) land or water from which a species is currently
absent--
(i) but may be colonized or recolonized by the species
naturally; or
(ii) to which the species may be reintroduced or restored
based on habitat changes; and
(3) is fragmented or consists of only a portion of the
habitat required for the
[[Page H3521]]
connectivity needs of one or more native species.
(d) Nomination for Designation.--
(1) In general.--In establishing the process for
designation under subsection (a)(1), the Secretary shall
include procedures under which--
(A) any State, Tribal, or local government, or a
nongovernmental organization engaged in the conservation of
native species and the improvement of the habitats of native
species, may submit to the Secretaries a nomination to
designate as a National Wildlife Corridor an area under the
respective jurisdiction of the Secretaries; and
(B) the Secretaries shall consider and, not later than 1
year after the date on which the nomination was submitted
under subparagraph (A), respond to any nomination submitted
under that subparagraph.
(2) Supporting documentation.--A nomination for designation
under paragraph (1)(A) shall include supporting
documentation, including--
(A) the native species for which the National Wildlife
Corridor would be designated;
(B) summaries and references of, with respect to the
designation of a National Wildlife Corridor--
(i) the best science available at the time of the
submission of the nomination for designation documenting why
the corridor is needed; and
(ii) the most current scientific reports available at the
time of the submission of the nomination for designation;
(C) information with respect to how the nomination was
coordinated with potential partners;
(D) a description of supporting stakeholders, such as
States, Indian Tribes, local governments, scientific
organizations, nongovernmental organizations, and affected
voluntary private landowners; and
(E) any additional information the Secretaries, in
consultation with the National Coordination Committee,
determine is relevant to the nomination.
SEC. 11203. MANAGEMENT OF NATIONAL WILDLIFE CORRIDORS.
(a) In General.--The Secretaries shall, consistent with
other applicable Federal land and water management
requirements, laws, and regulations, manage each National
Wildlife Corridor under the respective administrative
jurisdiction of the Secretaries in a manner that contributes
to the long-term connectivity, persistence, resilience, and
adaptability of native species for which the National
Wildlife Corridor is identified, including through--
(1) the maintenance and improvement of habitat connectivity
within the National Wildlife Corridor;
(2) the implementation of strategies and activities that
enhance the ability of native species to respond to climate
change and other environmental factors;
(3) the maintenance or restoration of the integrity and
functionality of the National Wildlife Corridor;
(4) the mitigation or removal of human infrastructure that
obstructs the natural movement of native species; and
(5) the use of existing conservation programs, including
Tribal Wildlife Corridors, under the respective jurisdiction
of the Secretaries to contribute to the connectivity,
persistence, resilience, and adaptability of native species.
(b) National Wildlife Corridors Spanning Multiple
Jurisdictions.--In the case of a National Wildlife Corridor
that spans the administrative jurisdiction of two or more of
the Secretaries, the relevant Secretaries shall coordinate
management of the National Wildlife Corridor in accordance
with section 11301(b) to advance the purposes described in
section 11201(b).
(c) Road Mitigation.--In the case of a National Wildlife
Corridor that intersects, adjoins, or crosses a new or
existing State, Tribal, or local road or highway, the
relevant Secretaries shall coordinate with the Secretary of
Transportation and State, Tribal, and local transportation
agencies, as appropriate, to identify and implement voluntary
environmental mitigation measures--
(1) to improve public safety and reduce vehicle caused
native species mortality while maintaining habitat
connectivity; and
(2) to mitigate damage to the natural movements of native
species through strategies such as--
(A) the construction, maintenance, or replacement of native
species underpasses, overpasses, and culverts; and
(B) the maintenance, replacement, or removal of dams,
bridges, culverts, and other hydrological obstructions.
(d) Compatible Uses.--A use of Federal land or water that
was authorized before the date on which the Federal land or
water is designated as a National Wildlife Corridor may
continue if the applicable Secretaries determine that the use
is compatible with the wildlife movements of the species for
which the National Wildlife Corridor was designated,
consistent with applicable Federal laws and regulations.
TITLE II--WILDLIFE CORRIDORS CONSERVATION
SEC. 11301. COLLABORATION AND COORDINATION.
(a) Collaboration.--The Secretaries may partner with and
provide funds to States, local governments, Indian Tribes,
the National Coordination Committee, voluntary private
landowners, and the regional wildlife movement councils to
support the purposes described in section 11201(b).
(b) Coordination.--To the maximum extent practicable and
consistent with applicable law, the Secretary or Secretaries,
as applicable, shall develop the strategy under section
11201(b), designate National Wildlife Corridors under section
11202, and manage National Wildlife Corridors under section
11203--
(1) in consultation and coordination with--
(A) other relevant Federal agencies;
(B) States, including--
(i) State fish and wildlife agencies; and
(ii) other State agencies responsible for managing the
natural resources and wildlife;
(C) Indian Tribes;
(D) units of local government;
(E) other interested stakeholders identified by the
Secretary, including applicable voluntary private landowners;
(F) landscape- and seascape-scale partnerships, including--
(i) the National Fish Habitat Partnership;
(ii) the National Marine Fisheries Service;
(iii) regional fishery management councils established
under section 302(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(a));
(iv) relevant regional ocean partnerships;
(v) the Climate Science Centers of the Department of the
Interior; and
(vi) the Landscape Conservation Cooperative Network;
(G) the National Coordination Committee; and
(H) the regional wildlife movement councils.
SEC. 11302. EFFECT.
(a) Relationship to Other Conservation Laws.--Nothing in
this title amends or otherwise affects any other law
(including regulations) relating to the conservation of
native species.
(b) Jurisdiction of States and Indian Tribes.--Nothing in
this title or an amendment made by this title affects the
jurisdiction of a State or an Indian Tribe with respect to
fish and wildlife management, including the regulation of
hunting, fishing, and trapping, in a National Wildlife
Corridor or a Tribal Wildlife Corridor.
SEC. 11303. TRIBAL WILDLIFE CORRIDORS.
(a) Establishment.--
(1) In general.--
(A) Nominations.--An Indian Tribe may nominate a corridor
within Indian land of the Indian Tribe as a Tribal Wildlife
Corridor by submitting to the Secretary, in consultation with
the Director of the Bureau of Indian Affairs (referred to in
this section as the ``Secretary''), an application at such
time, in such manner, and containing such information as the
Secretary may require.
(B) Determination.--Not later than 90 days after the date
on which the Secretary receives an application under
subparagraph (A), the Secretary shall determine whether the
nominated Tribal Wildlife Corridor described in the
application meets the criteria established under paragraph
(2).
(C) Publication.--On approval of an application under
subparagraph (B), the Secretary shall publish in the Federal
Register a notice of the establishment of the Tribal Wildlife
Corridor, which shall include a map and legal description of
the land designated as a Tribal Wildlife Corridor.
(2) Criteria.--
(A) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall establish criteria
for determining whether a corridor nominated by an Indian
Tribe under paragraph (1)(A) qualifies as a Tribal Wildlife
Corridor.
(B) Inclusions.--The criteria established under
subparagraph (A) shall include, at a minimum, the following:
(i) The restoration of historical habitat for the purposes
of facilitating connectivity.
(ii) The management of land for the purposes of
facilitating connectivity.
(iii) The management of land to prevent the imposition of
barriers that may hinder current or future connectivity.
(3) Removal.--
(A) In general.--An Indian Tribe may elect to remove the
designation of a Tribal Wildlife Corridor on the Indian land
of the Indian Tribe by notifying the Secretary.
(B) Effect of removal.--An Indian Tribe that elects to
remove a designation under subparagraph (A) may not receive
assistance under subsection (c) or (d)(1) or section 11305.
(b) Coordination of Land Use Plans.--Section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712) is amended--
(1) in subsection (b)--
(A) by striking ``Indian tribes by'' and inserting the
following: Indian tribes--
``(1) by'';
(B) in paragraph (1) (as so designated), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(2) for the purposes of determining whether the land use
plans for land in the National Forest System would provide
additional connectivity to benefit the purposes of a Tribal
Wildlife Corridor established under section 11303(a)(1) of
the Wildlife Corridors Conservation Act of 2021.''; and
(2) by adding at the end the following:
``(g) Tribal Wildlife Corridors.--On the establishment of a
Tribal Wildlife Corridor under section 11303(a)(1) of the
Wildlife Corridors Conservation Act of 2021, the Secretary
shall conduct a meaningful consultation with the Indian tribe
that administers the Tribal Wildlife Corridor to determine
whether, through the revision of one or more existing land
use plans, the Tribal Wildlife Corridor can--
[[Page H3522]]
``(1) be expanded into public lands; or
``(2) otherwise benefit connectivity (as defined in section
11102 of that Act) between public lands and the Tribal
Wildlife Corridor.''.
(c) Technical Assistance.--The Secretary shall provide to
Indian Tribes technical assistance relating to the
establishment, management, and expansion of a Tribal Wildlife
Corridor, including assistance with accessing wildlife data
and working with voluntary private landowners to access
Federal and State programs to improve wildlife habitat and
connectivity on non-Federal land.
(d) Availability of Assistance.--An Indian Tribe that has a
Tribal Wildlife Corridor established on the Indian land of
the Indian Tribe shall be eligible for a grant under the
wildlife movements grant program under section 11305, subject
to other applicable requirements of that grant program.
(e) Savings Clause.--Nothing in this section authorizes or
affects the use of private property or Indian land.
SEC. 11304. PROTECTION OF INDIAN TRIBES.
(a) Federal Trust Responsibility.--Nothing in this title
amends, alters, or waives the Federal trust responsibility to
Indian Tribes.
(b) Freedom of Information Act.--
(1) Exemption.--Information described in paragraph (2)
shall not be subject to disclosure under section 552 of title
5, United States Code (commonly known as the ``Freedom of
Information Act''), if the head of the agency that receives
the information, in consultation with the Secretary and the
affected Indian Tribe, determines that disclosure may--
(A) cause a significant invasion of privacy;
(B) risk harm to human remains or resources, cultural
items, uses, or activities; or
(C) impede the use of a traditional religious site by
practitioners.
(2) Information described.--Information referred to in
paragraph (1) is information received by a Federal agency--
(A) pursuant to this title relating to--
(i) the location, character, or ownership of human remains
of a person of Indian ancestry; or
(ii) resources, cultural items, uses, or activities
identified by an Indian Tribe as traditional or cultural
because of the long-established significance or ceremonial
nature to the Indian Tribe; or
(B) pursuant to the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.).
SEC. 11305. WILDLIFE MOVEMENTS GRANT PROGRAM.
(a) In General.--The Secretary shall establish a wildlife
movements grant program (referred to in this section as the
``grant program'') to encourage wildlife movement in
accordance with this subsection.
(b) Grants.--Beginning not later than 2 years after the
date of enactment of this Act, the Secretary, based on
recommendations from the National Coordination Committee
under section 11306(e)(2)(C), shall make grants to one or
more projects that--
(1) are a regional priority project identified by a
regional wildlife movement council;
(2) satisfy the purposes described in section 11201(b); and
(3) increase connectivity for native species.
(c) Eligible Recipients.--A person that is eligible to
receive a grant under the grant program is--
(1) a voluntary private landowner or group of landowners;
(2) a State fish and wildlife agency or other State agency
responsible for managing natural resources and wildlife;
(3) an Indian Tribe;
(4) a unit of local government;
(5) an agricultural cooperative;
(6) water, irrigation, or rural water districts or
associations, or other organizations with water delivery
authority (including acequias and land grant communities in
the State of New Mexico);
(7) institutions of higher education;
(8) an entity approved for a grant by a regional wildlife
movement council; and
(9) any group of entities described in paragraphs (1)
through (8).
(d) Requirements.--In administering the grant program, the
Secretary shall use the criteria, guidelines, contracts,
reporting requirements, and evaluation metrics developed by
the National Coordination Committee under subparagraphs (A)
and (B) of section 11306(e)(2).
SEC. 11306. NATIONAL COORDINATION COMMITTEE.
(a) Establishment.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall establish a
committee, to be known as the ``National Coordination
Committee''.
(b) Administrative Support.--The Secretary shall provide
administrative support for the National Coordination
Committee.
(c) Membership.--The National Coordination Committee shall
be composed of--
(1) the Secretary (or a designee);
(2) the Secretary of Transportation (or a designee);
(3) the Secretary of Agriculture (or a designee);
(4) the Secretary of Commerce (or a designee);
(5) the Director of the Bureau of Indian Affairs (or a
designee);
(6) the Executive Director of the Association of Fish and
Wildlife Agencies (or a designee);
(7) two representatives of intertribal organizations, to be
appointed by the Secretary;
(8) the chairperson of each regional wildlife movement
council (or a designee); and
(9) not more than three representatives of nongovernmental,
science, or academic organizations with expertise in wildlife
conservation and habitat connectivity, to be appointed by the
Secretary in a manner that ensures that the membership of the
National Coordination Committee is fair and balanced.
(d) Chairperson.--The National Coordination Committee shall
select a Chairperson and Vice Chairperson from among the
members of the National Coordination Committee.
(e) Duties.--The National Coordination Committee--
(1) shall establish standards for regional wildlife
movement plans to allow for better cross-regional
collaboration; and
(2) shall, with respect to the wildlife movements grant
program under section 11305--
(A) establish criteria and develop guidelines for the
solicitation of applications for grants by regional wildlife
movement councils;
(B) develop standardized contracts, reporting requirements,
and evaluation metrics for grant recipients; and
(C) make recommendations annually to the Secretary for the
selection of grant recipients on the basis of the ranked
lists of regional priority projects received from the
regional wildlife movement councils under section 11307(c)(4)
that are consistent with the purposes described in section
11201(b).
(f) Applicability of Faca.--Except as otherwise provided in
this section, the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the National Coordination Committee.
SEC. 11307. REGIONAL WILDLIFE MOVEMENT COUNCILS.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish not less
than 4 regional wildlife movement councils with separate
geographic jurisdictions that encompass the entire United
States.
(b) Membership.--
(1) In general.--Each regional wildlife movement council
shall be composed of--
(A) the director of each State fish and wildlife agency
within the jurisdiction of the regional wildlife movement
council (or a designee);
(B) balanced representation from Tribal governments within
the jurisdiction of the regional wildlife movement council;
(C) to serve as a Federal agency liaison and nonvoting, ex
officio member--
(i) the Director of the United States Fish and Wildlife
Service (or a designee); or
(ii) the director of any applicable regional office of the
United States Fish and Wildlife Service (or a designee);
(D) not more than three representatives of nongovernmental,
science, or academic organizations with expertise in native
species conservation and the habitat connectivity needs of
the region covered by the regional wildlife movement council;
and
(E) not more than three voluntary representatives of
private landowners with property in the applicable region,
not less than one of whom shall be a farmer or rancher.
(2) Requirements.--
(A) Membership.--The Secretary shall ensure that the
membership of each regional wildlife movement council is fair
and balanced in terms of expertise and perspectives
represented.
(B) Expertise.--Each regional wildlife movement council
shall include experts in ecological connectivity, native
species ecology, and ecological adaptation.
(3) Chairperson.--Each regional wildlife movement council
shall select a Chairperson from among the members of the
regional wildlife movement council.
(c) Duties.--Each regional wildlife movement council
shall--
(1) not later than 2 years after the date of establishment
of the regional wildlife movement council and in accordance
with any standards established by the National Coordination
Committee, prepare and submit to the Secretary and the
National Coordination Committee a regional wildlife movement
plan that maintains natural wildlife movement by identifying
research priorities and data needs for the Database that is
revised, amended, or updated not less frequently than once
every 5 years;
(2) provide for public engagement, including engagement of
Indian Tribes, at appropriate times and in appropriate
locations in the region covered by the regional wildlife
movement council, to allow all interested persons an
opportunity to be heard in the development and implementation
of a regional wildlife movement plan under paragraph (1);
(3) solicit applications for wildlife movement grants under
section 11305 in accordance with the criteria and guidelines
established by the National Coordination Council under
section 11306(e)(2)(A);
(4) in accordance with the criteria and guidelines
established under section 11306(e)(2)(A), submit to the
National Coordination Committee an annual list of regional
priority projects, in ranked order, for wildlife movements
grants under section 11305 to maintain wildlife movements in
the area under the jurisdiction of the regional wildlife
movement council; and
(5) submit to the Secretary and the National Coordination
Committee, and make publicly available, an annual report
describing the activities of the regional wildlife movement
council.
[[Page H3523]]
(d) Coordination.--If applicable, to increase habitat
connectivity between designated Federal land and water and
non-Federal land and water, a regional wildlife movement
council shall coordinate with--
(1) Federal agencies;
(2) Indian Tribes;
(3) regional fishery management councils established under
section 302(a) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1852(a));
(4) migratory bird joint ventures partnerships recognized
by the United States Fish and Wildlife Service with respect
to migratory bird species;
(5) State fish and wildlife agencies;
(6) regional associations of fish and wildlife agencies;
(7) nongovernmental organizations;
(8) applicable voluntary private landowners;
(9) the National Coordination Committee;
(10) fish habitat partnerships;
(11) other regional wildlife movement councils with respect
to crossregional projects;
(12) international wildlife management entities with
respect to transboundary species in accordance with trade
policies of the United States; and
(13) Federal and State transportation agencies.
(e) Applicability of Faca.--Except as otherwise provided in
this section, the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the regional wildlife movement councils.
SEC. 11308. NATIONAL WILDLIFE CORRIDORS DATABASE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Director of the United States
Geological Survey (referred to in this section as the
``Director''), in consultation with the National Coordination
Committee and the regional wildlife movement councils, shall
establish a database, to be known as the ``National Wildlife
Corridors Database''.
(b) Contents.--
(1) In general.--The Database shall--
(A) include maps, data, models, surveys, and descriptions
of native species habitats, wildlife movements, and corridors
that have been developed by Federal agencies that pertain to
Federal land and water;
(B) include maps, models, analyses, and descriptions of
projected shifts in habitats, wildlife movements, and
corridors of native species in response to climate change or
other environmental factors;
(C) reflect the best scientific data and information
available; and
(D) in accordance with the requirements of the Geospatial
Data Act of 2018 (Public Law 115-254), have the data, models,
and analyses included in the Database available at scales
useful to State, Tribal, local, and Federal agency
decisionmakers and the public.
(c) Requirements.--Subject to subsection (d), the Director,
in collaboration with the National Coordination Committee,
the regional wildlife movement councils, and the
Administrator of the National Oceanic and Atmospheric
Administration, shall--
(1) design the Database to support State, Tribal, local,
voluntary private landowner, and Federal agency
decisionmakers and the public with data that will allow those
entities--
(A) to prioritize and target natural resource adaptation
strategies and enhance existing State and Tribal corridor
protections;
(B) to assess the impacts of proposed energy, water,
transportation, and transmission projects, and other
development activities, and to avoid, minimize, and mitigate
the impacts of those projects and activities on National
Wildlife Corridors;
(C) to assess the impact of new and existing development on
native species habitats and National Wildlife Corridors; and
(D) to develop strategies that promote habitat connectivity
to allow native species to move--
(i) to meet biological and ecological needs;
(ii) to adjust to shifts in habitat; and
(iii) to adapt to climate change;
(2) establish a coordination process among Federal agencies
to update maps and other information with respect to
landscapes, seascapes, native species habitats and ranges,
habitat connectivity, National Wildlife Corridors, and
wildlife movement changes as information based on new
scientific data becomes available; and
(3) not later than 5 years after the date of enactment of
this Act, and not less frequently than once every 5 years
thereafter, develop, submit a report to the Secretary and the
appropriate committees of Congress, and make publicly
available a report, that, with respect to the Database--
(A) outlines the categories for data that may be included
in the Database;
(B) outlines the data protocols and standards for each
category of data in the Database;
(C) identifies gaps in native species habitat and National
Wildlife Corridor information;
(D) prioritizes research and future data collection
activities for use in updating the Database; and
(E) evaluates and quantifies the efficacy of the Database
to meet the needs of the entities described in paragraph (1).
(d) Proprietary Interests and Protected Information.--In
developing the Database, the Director shall--
(1) as applicable, protect proprietary interests with
respect to any licensed information, licensed data, and other
items contained in the Database; and
(2) protect information in the Database with respect to the
habitats and ranges of specific native species to prevent
poaching, illegal taking and trapping, and other related
threats to native species.
TITLE III--FUNDING
SEC. 11401. AUTHORIZATION OF APPROPRIATIONS.
(a) National Wildlife Corridor System.--There are
authorized to be appropriated to carry out title I for fiscal
year 2020 and each fiscal year thereafter--
(1) to the Secretary, $7,500,000;
(2) to the Secretary of Agriculture, $3,000,000;
(3) to the Secretary of Commerce, $3,000,000; and
(4) to the Secretary of Transportation, $3,000,000.
(b) Tribal Wildlife Corridors.--There is authorized to be
appropriated to carry out title II $5,000,000 for fiscal year
2020 and each fiscal year thereafter.
(c) Wildlife Movements Grant Program and Regional Wildlife
Movement Councils.--
(1) Wildlife movement grant program.--
(A) In general.--There is authorized to be appropriated to
the Secretary to carry out the wildlife movements grant
program under section 11305 $50,000,000 for fiscal year 2022
and each fiscal year thereafter.
(B) Requirements.--Amounts appropriated under subparagraph
(A) may be used to complement or match other Federal or non-
Federal funding received by the projects funded by those
grants.
(C) Administrative support.--Not more than 5 percent of
amounts appropriated under subparagraph (A) may be used for
administrative support.
(2) Regional wildlife movement councils.--
(A) In general.--There is authorized to be appropriated to
the Secretary to provide support for the regional wildlife
movement councils to carry out section 11307 $1,000,000 for
fiscal year 2020 and each fiscal year thereafter.
(B) Equal division.--Amounts appropriated under
subparagraph (A) shall be proportionally divided between each
regional wildlife movement council.
(d) National Wildlife Corridors Database.--There are
authorized to be appropriated to the Secretary to carry out
section 11308--
(1) $3,000,000 for fiscal year 2020; and
(2) $1,500,000 for fiscal year 2021 and each fiscal year
thereafter.
Amendment No. 25 Offered by Mr. DOGGETT of TEXAS
Page 535, line 23, strike ``In designating'' and insert
``For''.
Amendment No. 32 Offered by Mrs. FLETCHER of TEXAS
Page 903, line 14, strike the closing quotation marks and
the semicolon.
Page 903, after line 14, insert the following:
``(3) Local match credit.--For any project that qualifies
as an interrelated project under paragraph (2) after the date
of enactment of this subsection, the Secretary shall allow
any non-Federal financial commitment in excess of 20 percent
to count towards the non-Federal financial commitment for any
other qualifying interrelated project under this
subsection.'';
Amendment No. 50 Offered by Mr. JONES of NEW YORK
Page 1446, after line 21, insert the following:
SEC. 9608. GAO STUDY ON ECONOMIC BENEFITS OF ONE-SEAT RIDE
COMMUTER RAIL.
(a) Study.--The Comptroller General of the United States
shall conduct a study in coordination with the Administrator
of the Federal Transit Administration on the economic
benefits of commuter rail service in connecting urban and
suburban areas.
(b) Contents.--The study under subsection (a) shall
include--
(1) potential benefits of one-seat ride commuter rail
expansion to suburban communities that currently lack direct
service to urban areas;
(2) best practices in identifying where one-seat ride
commuter rail service is beneficial to suburban communities;
and
(3) best practices in improving suburban commuter access on
routes that currently require a transfer.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a
report to Congress setting forth the results and conclusions
of the study under subsection (a).
Amendment No. 51 Offered by Ms. KAPTUR of OHIO
Page 864, after line 25, insert the following:
SEC. 2608. SENSE OF CONGRESS REGARDING ELECTRIC VEHICLE
TRANSITION STRATEGY.
(a) Findings.--Congress finds the following:
(1) The transition to a modern electric fleet managed by
the nation's transit agencies represents a key opportunity to
modernize and green the public transit fleets.
(2) The impending fleet transition presents difficult
workforce challenges for the transit agencies and their
frontline workers as they prepare for the differences in
purchasing, maintaining, and managing new electric buses and
the related maintenance systems.
(3) The maintenance of electric engines requires fewer
mechanics than does the maintenance of diesel and natural gas
engines,
[[Page H3524]]
which make up more than 99 percent of bus fleets in the
United States.
(4) Although approximately 400,000 people work in public
transportation, and of that figure, 90 percent work in the
frontline occupations, because of retirements and a massive
transition in the transit workforce, large changes are bound
for workers, transit agencies, and the communities that the
transit workforce serves.
(5) Based on the Department of Transportation and the
Department of Labor data from 2014, transit systems needed to
hire, train, and retain approximately 126 percent of their
workforce over a 10-year period.
(6) The Department of Transportation, the Federal Railroad
Administration, and sister Federal agencies like the
Department of Energy and the Department of Labor can offer
resources, strategy, and a research and development plan to
prepare and assist in the upcoming transition to electric and
clean vehicle systems.
(b) Sense of Congress.--It is the sense of Congress that
the transit industry needs an integrated, cooperative, and
forward-looking workforce development strategy in order to
help frontline workers and the transit agencies prepare for
and mitigate the workforce disruption challenges posed by the
transition to electric vehicles and electric buses.
Amendment No. 53 Offered by Mr. KRISHNAMOORTHI of ILLINOIS
At the end of subtitle F of title I of division B, add the
following:
SEC. __. SENSE OF THE CONGRESS ON SOIL AND EROSION CONTROL
FOR HIGHWAY PROJECTS.
It is the sense of Congress that--
(1) federally funded construction projects should seek to--
(A) incorporate products and materials that support
environmental sustainability;
(B) ensure the health and safety of fish and wildlife; and
(C) consist of recycled or biobased products; and
(2) State departments of transportation should support
environmental sustainability, to the maximum extent
practicable, in procurement decisions.
Amendment No. 55 Offered by Mr. LANGEVIN of RHODE ISLAND
Page 633, line 8, insert ``and Attorney General'' after
``Secretary''.
Amendment No. 56 Offered by Mrs. LAWRENCE of MICHIGAN
Page 531, line 13, strike ``and''.
Page 531, line 17, strike the period and insert ``; and''.
Page 531, after line 17, insert the following:
(C) makes best efforts to meet project-wide, annually
updated participation goals set by the applicant for the
percentage of total workhours that are performed by
historically under-represented populations, including by
women, people of color, and women of color, by trade and
position; and
(D) tracks ongoing progress towards the goals described in
subparagraph (C).
Page 532, line 1, insert ``, in collaboration with the
Secretary of Labor, as appropriate,'' after ``Secretary''.
Page 532, line 5, insert ``and oversight'' after
``requirements''.
Page 532, line 17, insert ``and historically
underrepresented populations'' after ``apprentices''.
Page 532, line 19, insert ``and historically
underrepresented populations'' before ``employed''.
Page 532, line 22, strike ``goal; and'' and insert ``and
the goals for the percentage of total workhours performed by
historically under-represented populations under subsection
(a)(1)(C);''.
Page 532, line 25, strike the period and insert ``and the
goals for the percentage of total workhours performed by
historically under-represented populations under subsection
(a)(1)(C); and''.
Page 532, after line 25, insert the following:
(5) a summary of agency oversight of grant recipients'
fulfillment of certification terms under this section.
Page 533, line 10, strike ``and''.
Page 533, line 13, strike the period and insert ``; and''.
Page 533, after line 13, insert the following:
(3) for each grant awarded, data on grant recipients'
progress toward achieving participation goals under
subsection (a)(1).
Page 534, after line 10, insert the following:
SEC. 1313. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) contractors and subcontractors utilized in carrying out
activities funded under title 23, United States Code, should
institute respectful workplace policies and provide
effective, ongoing workplace training to create safe,
respectful work sites that are free from bullying, hazing,
discrimination, or harassment; and
(2) the Department of Transportation should take
appropriate steps in coordination with the Department of
Labor to ensure contractors and subcontractors take such
actions.
Amendment No. 57 Offered by Mr. LEVIN of MICHIGAN
Page 449, strike line 17 and insert the following:
``(A) Plan.--
``(i) In general.--The Secretary shall establish
Page 449, after line 22, insert the following:
``(ii) Report of state plans to congress.--Not later than
120 days after the deadline established in clause (i), 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 detailing--
``(I) a summary of each plan submitted by a State to the
Department of Transportation; and
``(II) an assessment of how such plans make progress
towards the establishment of a national network of electric
vehicle charging stations.
Amendment No. 58 Offered by Mr. LEVIN of MICHIGAN
Page 453, line 12, insert ``, including recommendations for
promoting efficient dwell times based on best practices''
before the semicolon.
Page 456, line 4, strike ``and''.
Page 456, line 8, strike the period and insert a semicolon.
Page 456, after line 8, insert the following:
``(F) information on publicly available electric vehicle
charging station locations, station operator contact
information, number of simultaneous refueling positions,
pricing, and real-time availability to be made publicly
available and easily accessible, including through applicable
mapping applications.
Amendment No. 59 Offered by Mr. LOWENTHAL of CALIFORNIA
Page 259, line 22, insert ``or that operates'' before ``a
highway''.
Page 261, line 9, insert ``toll'' before ``facility''.
Page 261, line 13, insert ``toll'' before ``facility''.
Page 263, line 3, insert ``toll'' before ``facility''.
Page 263, line 11, strike ``the planned'' and insert ``any
planned''.
Page 263, line 15, strike ``the operation of'' and insert
``mobility and efficiency in''.
Page 264, line 6, insert ``toll'' before ``facility''.
Page 264, beginning on line 7, strike ``for the corridor or
cordon that provides for continuous monitoring, assessment,
and reporting on'' and insert ``that considers''.
Page 264, line 11, insert ``of the toll facility'' after
``pricing''.
Page 264, beginning on line 16, strike ``facility or the
corridor or cordon'' and insert ``toll facility''.
Page 265, line 3, insert ``toll'' before ``facility''.
Page 265, strike lines 8 through 22 and insert the
following:
``(II) Corridor or cordon operation.--The public authority
with jurisdiction over or that operates the toll facility
shall consider options that improve public transportation or
other non-tolled alternatives that improve mobility and
efficiency in the corridor or cordon, including increased
person or freight throughput or reduced person hours of
delay.
Page 266, line 6, strike ``and'' at the end and insert
``or''.
Page 266, after line 11, insert the following:
``(IV) Efficient operation.--The Secretary may set
efficiency and mobility performance standards as an
alternative to minimum operating speed for a toll facility if
determined appropriate based on the context of such toll
facility.
Page 266, line 16, strike ``facility or a corridor or
cordon'' and insert ``toll facility''.
Page 266, line 19, insert ``toll'' before ``facility''.
Page 266, beginning on line 23, strike ``facility or a
corridor or cordon'' and insert ``toll facility''.
Page 267, line 12, strike ``facility or corridor or
cordon'' and insert ``toll facility''.
Page 267, line 17, strike ``facility or corridor or
cordon'' and insert ``toll facility''.
Page 267, line 22, insert ``toll'' before ``facility''.
Page 267, line 23, strike ``the'' and insert ``any''.
Page 267, beginning on line 24, strike ``bring the corridor
or cordon into compliance'' and insert ``improve the
operation of the corridor or cordon''.
Page 268, strike lines 3 through 11.
Page 269, strike lines 5 through 13 and insert the
following:
``(v) any project eligible under this title or chapter 53
of title 49 that provides an efficiency or mobility benefit
in the corridor or cordon, including by increasing person or
freight throughput, increasing public transportation service,
or reducing person hours of delay;
``(vi) toll or public transportation fare discounts,
subsidies, or rebates for users of the toll facility or
public transportation in the corridor that have no reasonable
alternative transportation method to the toll facility or for
whom the tolls or public transportation fares create a
financial hardship, as determined by the public authority;
and
Page 269, beginning on line 16, strike ``and the cordon or
corridor is not degraded under paragraph (1)(E)'' and insert
``and is not degraded as described under paragraph (1)(E)''.
Page 272, beginning on line 4, strike ``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'' and insert ``take such action as may be
necessary to ensure compliance with this section''.
Page 273, line 13, strike ``a toll'' and insert ``the
tolled lanes of a''.
Page 274, line 8, insert ``, including a high occupancy
toll facility,'' after ``facility''.
Page 274, beginning on line 9, strike ``section 129(a)(3)
of title 23, United States Code,''
[[Page H3525]]
and insert ``sections 129(a) or 166 of title 23, United
States Code, as applicable,''.
Page 274, line 12, insert ``, including a high occupancy
toll facility,'' after ``toll facility''.
Page 274, line 13, strike ``paragraph'' and insert
``subsection''.
Page 274, after line 17, insert the following:
(3) Rule of construction.--Nothing in this subsection shall
prohibit the Secretary, at the request of the public
authority, from applying the requirements of section 129(a)
of title 23, United States Code, as amended by this Act.
Page 274, line 23, strike ``on'' and insert ``to''.
Amendment No. 60 Offered by Mr. LOWENTHAL of CALIFORNIA
Page 991, after line 9, insert the following:
SEC. 4105. MOTOR CARRIER SAFETY GRANTS MAINTENANCE OF EFFORT.
Section 31102(f)(2) of title 49, United States Code, is
amended--
(1) by striking ``after fiscal year 2017''; and
(2) by striking ``baseline after the year in which the
Secretary implements a new allocation formula under section
5106 of the FAST Act, and'' and inserting a period.
Amendment No. 64 Offered by Mr. McNERNEY of CALIFORNIA
Page 1200, line 12, insert ``veteran status,'' before ``and
socioeconomic''.
Amendment No. 66 Offered by Ms. MOORE of WISCONSIN
Page 821, line 2, strike ``10 percent'' and insert ``15
percent''.
amendment no. 68 offered by mr. nadler of new york
Page 705, after line 3, insert the following:
SEC. 1640. LOCAL PROJECT DELIVERY IMPROVEMENTS.
(a) High-performing Local Public Agency Designation.--
(1) In general.--The Secretary shall designate high-
performing local public agencies based on the criteria in
paragraph (3) and consistent with the process described under
paragraph (4) to be eligible to exercise the project delivery
methods described under this section for projects funded
under title 23, United States Code.
(2) Authority.--Nothing in this section shall be construed
to prohibit a local public agency from taking any action
otherwise authorized to secure and expend Federal funds
authorized under chapter 1 of title 23, United States Code.
(3) Criteria.--In designating a high-performing local
public agency under this section, the Secretary shall
consider the legal, financial, and technical capacity of the
applicant.
(4) Requirements.--
(A) Call for nomination.--The Secretary shall solicit
applications for designation under this section.
(B) Guidance.--The call for nomination under paragraph (1)
shall include guidance on the requirements and
responsibilities of a high-performing local public agency
under this section.
(C) Determination.--
(i) In general.--The Secretary shall have discretion to
make any designation under this section.
(ii) Approval.--The Secretary may approve for participation
under this program any direct recipient under section 1305 of
this Act based on the application under such section. Such
approval shall only apply to the direct recipient unless the
Secretary determines it is appropriate, based on the criteria
in subsection (a)(3), to extend the approval to 1 or more
subrecipients of the direct recipient.
(5) Term.--Except as provided in paragraph (6), a
designation under this subsection--
(A) shall be for a period of not less than 5 years; and
(B) may be renewable.
(6) Termination.--The Secretary shall establish procedures
for the termination of a designation under this subsection.
(7) Limitation.--The Secretary may establish a limitation
on the number of participants in the program, based on the
availability of administrative resources and the capacity to
provide sufficient oversight of the program established under
this section.
(b) Project Delivery.--
(1) In general.--
(A) Methods.--The high-performing local public agency may,
consistent with the agreement entered into with the Secretary
under subsection(c), utilize 1 or more of the project
delivery methods described in this subsection,
notwithstanding the adoption of such methods by the State.
(B) Rule of construction.--Nothing in this section shall be
construed to prohibit a local public agency from using a
project delivery method otherwise available to such local
public agency under title 23, United States Code.
(2) Force account.--Notwithstanding subsections (a) and (b)
of section 112 of title 23, United States Code, a high-
performing local public agency may, subject to the terms of
the agreement under subsection (c), complete the construction
(as such term is defined under section 101 of such title) of
a Federal-aid highway project by force account, provided the
recipient is qualified to perform the work in a satisfactory
manner based on the criteria in subsection (a)(3), as
determined by the Secretary.
(3) Indefinite delivery and indefinite quantity
contracting.--Subject to the terms of the agreement under
subsection (c), a high-performing local public agency may use
indefinite quantity and indefinite delivery contracting,
including job order contracting, consistent with the process
described under subpart F of part 635 of title 23, Code of
Federal Regulations. If determined appropriate by the
Secretary, the high-performing local public agency may submit
an indefinite delivery and indefinite quantity contracting
procedures plan directly to the Secretary for approval.
(4) Assumption of responsibilities of state departments of
transportation.--
(A) In general.--Subject to the terms of the agreement
under subsection (c), a high-performing local public agency
may assume, in lieu of a State, for projects covered by an
agreement under subsection (c)--
(i) the Federal-aid highway project approval,
determination, and oversight responsibilities that a State
may assume under section 106 of title 23, United States Code;
and
(ii) the responsibility that a State may assume, under
section 326 of title 23, United States Code, for determining
whether certain designated activities are included within
classes of action identified in regulation by the Secretary
that are categorically excluded from requirements for
environmental assessments or environmental impact statements.
(B) Terms.--In assuming the responsibilities under
subparagraph (A), the high-performing local public agency
shall be subject to the same terms, conditions, and
requirements at the discretion of the Secretary as would be a
State under sections 106(c) and 326 of title 23, United
States Code, and any associated regulations and procedures.
(c) Agreement.--
(1) In general.--
(A) Authority.--The Secretary and the high-performing local
public agency shall enter into an agreement relating to the
extent to which the local public agency may assume the
authorities described under this section.
(B) Discretion.--The Secretary shall have the discretion to
enter into an agreement under this section for one or more of
the project delivery methods described in subsection (b).
(C) Scope.--
(i) In general.--The Secretary may make an approval to
assume the responsibilities described under subsection (b) on
a single-project, multiple-project, project-type, or
programmatic basis.
(ii) Covered projects.--The authority described under this
section may apply to any Federal-aid highway project carried
out within the jurisdiction of the high-performing local
public agency, at the discretion of the Secretary.
(2) Self-certification of compliance.--
(A) In general.--The high-performing local public agency
may, at the discretion of the Secretary, provide for self-
certification of compliance for the responsibilities assumed
pursuant to the agreement established under this section. The
Secretary shall establish procedures governing such self-
certification of compliance, including the frequency of such
certification.
(B) Oversight.--If the high-performing local public agency
assumes the role of self-certification of compliance as
described under clause (i), the Secretary shall establish
procedures to conduct risk-based stewardship and oversight of
a local public agency's performance of the assumed
responsibilities specified in the agreement under this
subsection, as determined necessary or appropriate by the
Secretary.
(3) Assistance to local public agencies.--On request of a
local public agency, the Secretary shall provide to the local
public agency technical assistance, training, or other
support relating to--
(A) assuming responsibilities under this section;
(B) developing an agreement under this subsection; or
(C) addressing a responsibility under this section in need
of corrective action.
(4) Adoption of state procedures.--Except as otherwise
provided in the agreement between the Secretary and the high
performing local agency, the local public agency shall use
any manuals, standards, procedures, and specifications
utilized by the State, as determined appropriate by the
Secretary.
(5) Consultation.--In establishing the agreement under this
section, the Secretary may require the local public agency to
consult with the State department of transportation, as
appropriate.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of a high-performing local
public agency 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.
(e) Savings Clause.--Except as provided in this section,
all applicable requirements of title 23, United States Code,
shall apply to projects carried out under this section.
(f) Funding.--The Secretary may use for program management,
oversight, and technical assistance to high-performing local
public agencies amounts made available under section
1305(c)(2) of this Act for technical assistance and
administration.
(g) Report.--
(1) Local public agency report.--Not later than 60 days
after the end of each fiscal year, each local public agency
designated under this section shall submit to the Secretary a
report that includes--
[[Page H3526]]
(A) a list of projects carried out under this section;
(B) a description of the authorities assumed under
subsection (b), including a summary of the project types
carried out under such authorities;
(C) recommendations, if any--
(i) on other authorities that would be appropriate to
assume under this section; and
(ii) 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 Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that--
(A) summarizes the findings of each local public agency
provided under paragraph (1);
(B) describes the efforts undertaken by both local public
agencies and the Secretary to ensure compliance with the
requirements of title 23, United States Code; and
(C) 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 project delivery for
local public agencies;
(iv) evaluate options to expand the authority provided
under this section; and
(iii) provide legislative recommendations, if any, based on
the outcomes of the program.
amendment no. 69 offered by mr. neguse of colorado
At the end of the print, insert the following (and amend
the table of contents accordingly):
DIVISION H--COMMUNITY RESILIENCE AND RESTORATION FUND
SECTION 12001. DEFINITIONS.
For purposes of this division:
(1) Eligible entity.--The term ``eligible entity'' means a
Federal agency, State, the District of Columbia, a territory
of the United States, a unit of local government, an Indian
Tribe, a non-profit organization, or an accredited
institution of higher education.
(2) Eligible projects and activities.--The term ``eligible
projects and activities'' means projects and activities
carried out by an eligible entity on public lands, tribal
lands, or private land, or any combination thereof, to
further the purposes for which the Fund is established,
including planning and capacity building and projects and
activities carried out in coordination with Federal, State,
or tribal departments or agencies, or any department or
agency of a subdivision of a State.
(3) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation established under the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3701 et seq.).
(4) Fund.--The term ``Fund'' means the Community Resilience
and Restoration Fund established under this Act.
(5) Indian tribe.--The term ``Indian Tribe'' means the
governing body of any individually identified and federally
recognized Indian or Alaska Native Tribe, band, nation,
pueblo, village, community, affiliated Tribal group, or
component reservation in the list published pursuant to
section 104(a) of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131(a)).
(6) Restoration and resilience lands.--The term
``restoration and resilience lands'' means fish, wildlife,
and plant habitats, and other important natural areas in the
United States, on public lands, private land (after obtaining
proper consent from the landowner), or land of Indian Tribes,
including: grasslands, shrublands, prairies, chapparal lands,
forest lands, deserts, and riparian or wetland areas within
or adjacent to these ecosystems.
(7) Public lands.--The term ``public lands'' means lands
owned or controlled by the United States or any of its
agencies, with the cooperation of the agency having
jurisdiction thereof.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(9) State.--The term ``State'' means a State of the United
States, the District of Columbia, any Indian tribe, and any
commonwealth, territory, or possession of the United States.
SEC. 12002. ESTABLISHMENT OF FUND.
Not later than 180 days after the date of enactment of this
division, the Secretary shall enter into a cooperative
agreement with the Foundation to establish the Fund at the
Foundation to--
(1) to protect, conserve, and restore restoration and
resilience lands, in order to help communities respond and
adapt to natural threats, including those posed by the
impacts of global climate change.
(2) to build the resilience of restoration and resilience
lands to adapt to, recover from, and withstand natural
threats, including those posed by the impacts of global
climate change;
(3) to protect and enhance the biodiversity of wildlife
populations across restoration and resilience lands;
(4) to support the health of restoration and resilience
lands for the benefit of present and future generations;
(5) to foster innovative, nature-based solutions that help
meet the goals of this section; and
(6) to enhance the nation's natural carbon sequestration
capabilities and help communities strengthen natural carbon
sequestration capacity where applicable.
SEC. 12003. MANAGEMENT OF THE FUND.
The Foundation shall manage the Fund--
(1) pursuant to the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701 et seq.); and
(2) in such a manner that, to the greatest extent
practicable and consistent with the purposes for which the
Fund is established--
(A) ensures that amounts made available through the Fund
are accessible to historically underserved communities,
including Tribal communities, communities of color, and rural
communities; and
(B) avoids project selection and funding overlap with those
projects and activities that could otherwise receive funding
under--
(i) the National Oceans and Coastal Security Fund,
established under the National Oceans and Coastal Security
Act (16 U.S.C. 7501); or
(ii) other coastal management focused programs.
SEC. 12004. COMPETITIVE GRANTS.
(a) In General.--To the extent amounts are available in the
Fund, the Foundation shall award grants to eligible entities
through a competitive grant process in accordance with
procedures established pursuant to the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et
seq.) to carry out eligible projects and activities,
including planning eligible projects and activities.
(b) Proposals.--The Foundation, in coordination with the
Secretary, shall establish requirements for proposals for
competitive grants under this section.
SEC. 12005. USE OF AMOUNTS IN THE FUND.
(a) Planning.--Not less than 8 percent of amounts
appropriated annually to the Fund may be used to plan
eligible projects and activities, including capacity
building.
(b) Administrative Costs.--Not more than 4 percent of
amounts appropriated annually to the Fund may be used by the
Foundation for administrative expenses of the Fund or
administration of competitive grants offered under the Fund.
(c) Priority.--Not less than $10,000,000 shall be awarded
annually to support eligible projects and activities for
Indian Tribes.
SEC. 12006. REPORTS.
(a) Annual Reports.--Beginning at the end the first full
fiscal year after the date of enactment of this division, and
not later than 60 days after the end of each fiscal year in
which amounts are deposited into the Fund, the Foundation
shall submit to the Secretary a report on the operation of
the Fund including--
(1) an accounting of expenditures made under the Fund,
including leverage and match where applicable;
(2) an accounting of any grants made under the Fund,
including a list of recipients and a brief description of
each project and its purposes and goals; and
(3) measures and metrics to track benefits created by
grants administered under the Fund, including enhanced
biodiversity, water quality, natural carbon sequestration,
and resilience.
(b) 5-Year Reports.--Not later than 90 days after the end
of the fifth full fiscal year after the date of enactment of
this division, and not later than 90 days after the end every
fifth fiscal year thereafter, the Foundation shall submit to
the Secretary a report containing--
(1) a description of any socioeconomic, biodiversity,
community resilience, or climate resilience or mitigation
(including natural carbon sequestration), impacts generated
by projects funded by grants awarded by the Fund, including
measures and metrics illustrating these impacts;
(2) a description of land health benefits derived from
projects funded by grants awarded by the Fund, including an
accounting of--
(A) lands treated for invasive species;
(B) lands treated for wildfire threat reduction, including
those treated with controlled burning or other natural fire-
management techniques; and
(C) lands restored either from wildfire or other forms or
degradation, including over-grazing and sedimentation;
(3) key findings for Congress, including any recommended
changes to the authorization or purposes of the Fund;
(4) best practices for other Federal agencies in the
administration of funds intended for land and habitat
restoration;
(5) information on the use and outcome of funds
specifically set aside for planning and capacity building
pursuant to section 6; and
(6) any other information that the Foundation considers
relevant.
(c) Submission of Reports to Congress.--Not later than 10
days after receiving a report under this section, the
Secretary shall submit the report to the Committee on Natural
Resources of the House of Representatives and the Committee
on Environment and Public Works of the Senate.
SEC. 12007. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the Fund
$100,000,000 for each of fiscal years 2022 through 2027 to
carry out this division.
Amendment No. 71 Offered by Mr. Norcross of New Jersey
Page 705, after line 3, insert the following:
SEC. 1640. UTILIZATION OF QUALIFIED ELECTRICIANS.
(a) Rulemaking.--Not later than 6 months after the date of
enactment of this Act, the
[[Page H3527]]
Secretary of Transportation and the Secretary of Energy shall
each promulgate regulations requiring the utilization of
qualified electricians in the construction, installation,
operation and maintenance of electric vehicle charging
stations assisted, in whole or in part, by funding provided
under this Act.
(b) Definition of Qualified Electrician.--In this section,
the term ``qualified electrician'' means an electrician who
has completed training under the Electric Vehicle
Infrastructure Training Program (EVITP) and obtained an EVITP
certification.
Amendment No. 72 Offered by Ms. Ocasio-Cortez of New York
Page 504, line 24, strike ``and'' at the end.
Page 505, line 3, strike the period and insert ``; and''.
Page 505, after line 3, insert the following:
(5) the project would serve the low income residents of
economically disadvantaged communities, including
environmental justice communities, underserved communities,
or communities located in areas of persistent poverty (as
such term is defined in section 101 of title 23, United
States Code).
Amendment No. 73 Offered by Ms. Ocasio-Cortez of New York
Page 518, line 17, strike ``and''.
Page 518, line 21, insert ``and'' at the end.
Page 518, after line 21, insert the following:
(viii) the community impacts and equity analyses of
retaining or reconstructing the eligible facility on the
surrounding communities, including--
(I) the demographic breakdown of the impacted community by
race and socioeconomic status; and
(II) the displacement or disconnection that occurred within
the community as a result of the existing facility;
Amendment No. 75 Offered by Mr. Pappas of New Hampshire
Page 1056, after line 15, insert the following:
SEC. 4410. LENGTH LIMITATIONS.
Section 31111 of title 49, United States Code, is amended--
(1) in subsection (a) by adding at the end the following:
``(8) Covered heavy-duty tow and recovery vehicle.--The
term `covered heavy-duty tow and recovery vehicle' means any
vehicle transporting a wrecked or disabled vehicle from the
place where the vehicle became wrecked or disabled to the
nearest appropriate repair facility or other location, as
directed by any agency having jurisdiction.''; and
(2) in subsection (b)(1)--
(A) in subparagraph (G) by striking ``; or'' and inserting
a semicolon;
(B) in subparagraph (H) by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(I) imposes an overall length limit on any combination of
vehicles, or the length of any individual vehicle in the
combination configuration, being transported by a covered
heavy-duty tow and recovery vehicle provided that the wrecked
or disabled vehicle combination being transported was in
compliance with applicable length limits at the time and
place of the initial disablement or wreck; or
``(J) imposes a limit to the number of vehicles that may be
transported in combination with a covered heavy-duty tow and
recovery vehicle provided that the wrecked or disabled
vehicle combination being transported was in compliance with
applicable limits at the time and place of the initial
disablement or wreck''.
Amendment No. 83 Offered by Ms. Plaskett of Virgin Islands
Page 417, after the item following line 2, insert the
following:
SEC. 1220. NATIONAL SCENIC BYWAYS PROGRAM.
Section 162 of title 23, United States Code, is amended by
adding at the end the following:
``(g) State.--In this section, the term `State' has the
meaning given such term in section 401.''.
Amendment No. 84 Offered by Ms. Porter of California
Page 594, line 17, insert ``, including wildfire ignitions,
suppression, and evacuation routes'' after ``maintenance''.
Amendment No. 87 Offered by Miss Rice of New York
Page 1508, after line 13, add the following new section
(and update the table of contents accordingly):
SEC. 10109. MOTOR VEHICLE SEAT BACK SAFETY STANDARDS.
(a) Final Rule.--Not later than 2 years after the date of
enactment of this Act, subject to subsection (b), the
Secretary of Transportation shall issue a final rule updating
section 571.207 of title 49, Code of Federal Regulations, to
reduce the potential for injury to all motor vehicle
occupants due to seat back failure during all types of
vehicle impact.
(b) Compliance Date.--In issuing the final rule pursuant to
subsection (a), the Secretary of Transportation shall
establish a date for required compliance with the final rule
of not later than 2 motor vehicle model years after the model
year during which the effective date of the final rule
occurs.
amendment no. 88 offered by miss rice of new york
At the end of subtitle F of title I of division B, add the
following:
SEC. 1640. GAO STUDY ON THE IMPACT OF DRUNK DRIVING CHILD
ENDANGERMENT LAWS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the impact
and effectiveness of drunk driving child endangerment laws,
and ways in which child endangerment laws can be strengthened
to protect children who may be passengers in vehicles driven
by drunk drivers.
(b) Contents.--The report required under this section
shall--
(1) review State laws to determine best practices,
comparing State laws in which driving drunk with a child is
considered a felony versus a misdemeanor, as well as review
effective ways in which States mandate or encourage reporting
and documentation of child endangerment; and
(2) make recommendations as to how State laws can be
improved to protect children from riding as passengers in
vehicles driven by drunk drivers, including increased
penalties, reporting requirements, and coordination with
child protective services.
amendment no. 90 offered by mr. sablan of northern mariana islands
Page 635, line 20, insert ``and a review of the current
administrative distribution of such funds among the
territories'' after ``title''.
Page 636, after line 13, insert the following:
(5) Territorial allocations.--The Secretary shall, in
consultation with the territories described under section
165(c) of title 23, United States Code, develop
recommendations on the total annual allocation to such
territories and a data driven, equitable allocation of
funding among such territories.
amendment no. 91 offered by mr. schrader of oregon
Page 362, line 10, strike ``and'' at the end.
Page 363, line 10, strike the period at the end and insert
a period.
Page 363, after line 10, insert the following:
``(D) increase the resilience of bridges, including the
ability to withstand disruptions from a seismic event.''.
amendment no. 93 offered by ms. speier of california
Page 754, after line 7, insert the following:
SEC. 2114. FORMULA FUNDS FOR RURAL AREAS.
Section 5311(a)(1) of title 49, United States Code, is
amended--
(1) by striking ``means a State'' and inserting the
following: ``means--
``(A) a State'';
(2) by striking ``Government.'' and inserting ``Government;
or''; and
(3) by adding at the end the following:
``(B) a State or local governmental entity that operates a
public transportation service and receives and administers
Federal transit program grant funds for both rural and urban
areas.''.
amendment no. 95 offered by ms. stevens of michigan
Page 1130, line 13, strike ``and''.
Page 1130, line 20, strike the period and insert ``; and''.
Page 1130, after line 20, insert the following:
(3) research and development to identify solutions that use
on board sensor data for vehicle safety purposes, such as--
(A) identifying when a vehicle has either entered or passed
an exit ramp traveling in a direction opposing the legal flow
of traffic;
(B) employing vehicle-to-infrastructure (VI2)
communications in combination with onboard sensor data to
enhance roadway safety; and
(C) developing applications to notify at-risk drivers and
law enforcement agencies of a wrong way driver in the area.
amendment no. 96 offered by ms. stevens of michigan
At the end of subtitle A of title V of division B, add the
following:
SEC. 5119. RESILIENT TRANSPORTATION INFRASTRUCTURE CENTERS OF
EXCELLENCE.
(a) Centers of Excellence.--The Secretary of Transportation
shall award grants to establish 5 Centers of Excellence to
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 surface
transportation infrastructure.
(b) Activities.--In carrying out this section, the
Secretary shall ensure the Centers promote resilient surface
transportation infrastructure through--
(1) supporting the research and development of design,
operations, and maintenance standards relevant to surface
transportation that consider existing and anticipated impacts
of natural disasters, extreme weather, and climate change;
(2) research, development, and technology transfer of
resilient materials and technologies into existing and future
surface transportation infrastructure; and
(3) development and dissemination of tools, techniques, and
information that informs federal, state, and local government
decision-making, policies, planning, and investments.
(c) Center Coordination.--
(1) In general.--The Secretary shall--
(A) coordinate activities of all five Centers to prevent
duplication; and
(B) promote dissemination of research among awardees.
(2) Program evaluation and oversight.--The Secretary may
expend not more than 1 and a half percent of the amounts made
[[Page H3528]]
available to the Secretary to carry out this section for any
coordination, evaluation, and oversight activities, of the
Secretary under this Section.
(d) Eligibility.--An institution of higher education, as
defined by section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002), or a consortium of institutions of higher
education shall be eligible to receive grants under this
program.
(e) Competitive Selection Process.--
(1) Applications.--To receive a grant under this section,
an eligible entity shall submit to the Secretary an
application that is in such form and contains such
information as the Secretary may require.
(2) Restriction.--A recipient may only receive 1 grant per
fiscal year under this section.
(3) Selection criteria.--In awarding a grant under this
section, the Secretary shall--
(A) give preference to the applicant's past performance in
the activities under subsection (b);
(B) consider the extent to which an applicant's proposal
would involve participation by local, regional, and national
stakeholders; and
(C) consider the local, regional, and national impacts of
the applicant's proposal.
(4) Location.--In awarding a grant under this section, the
Secretary shall select centers located in diverse geographic
regions that represent a variety of experiences with natural
disasters, extreme weather patterns, and climate change
impacts.
(f) Federal Share.--As a condition of receiving an award
under this section, an award recipient shall match 50 percent
of the amounts made available under the award.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary such sums as necessary for grants under this
section.
(2) Limitation on availability of amounts.--Amounts made
available to the Secretary to carry out this section 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.
(h) Reporting.--In general, on a biannual basis, the
Secretary shall--
(1) review and evaluate the programs carried out under this
section by grant recipients; and
(2) submit to the Committees on Transportation and
Infrastructure and Science, Space, and Technology of the
House of Representatives and the Committees on Environment
and Public Works and Commerce, Science, and Transportation of
the Senate a report describing that review and evaluation.
(i) 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 section,
including customer satisfaction assessments, shall not be
subject to chapter 35 of title 44, United States Code.
amendment no. 97 offered by mr. suozzi of new york
Page 1358, after line 11, insert the following:
SEC. 9307. NORTH ATLANTIC RAIL INTERSTATE COMPACT.
(a) In General.--Chapter 249 of title 49, United States
Code, is amended by inserting after section 24905 the
following:
``Sec. 24905A. North Atlantic Rail Interstate Compact; North
Atlantic Rail Network
``(a) North Atlantic Rail Interstate Compact.--
``(1) Establishment.--Not later than 180 days after the
date of the enactment of this section, the Secretary of
Transportation shall appoint a director for the North
Atlantic Rail Interstate Compact (referred to in this section
as the `Compact') in collaboration with states identified in
paragraph (2)(A).
``(2) Board of directors.--
``(A) Composition.--The Compact shall be governed by a
board of directors, which shall be composed of directors, of
whom--
``(i) 2 directors shall be appointed by the Secretary of
Transportation;
``(ii) 1 director shall be appointed by the Chief Executive
Officer of Amtrak;
``(iii) 2 directors shall be appointed by the Governor of
Connecticut;
``(iv) 2 directors shall be appointed by the Governor of
Maine;
``(v) 2 directors shall be appointed by the Governor of
Massachusetts;
``(vi) 2 directors shall be appointed by the Governor of
New Hampshire;
``(vii) 2 directors shall be appointed by the Governor of
New York;
``(viii) 2 directors shall be appointed by the Governor of
Rhode Island; and
``(ix) 2 directors shall be appointed by the Governor of
Vermont
``(B) Term; qualifications.--Of the individuals appointed
pursuant to each of the clauses (iii) through (ix) of
paragraph (1)--
``(i) 1 shall be the head of the respective State
department of transportation; and
``(ii) the other director appointed by the respective
governor--
``(I) shall serve for a 5-year term;
``(II) shall be a resident of the appointing governor's
State;
``(III) may not be an employee of the government of such
State; and
``(IV) shall be an expert in transportation policy,
finance, public policy, planning or a related discipline
associated with the purpose and mission of the Compact.
``(C) No compensation.--Directors shall serve without pay,
but shall receive travel expenses, including per diem in lieu
of subsistence, in accordance with applicable provisions of
subchapter I of chapter 57 of title 5, United States Code.
``(3) Purpose.--The purpose of the Compact shall be to
construct, on an accelerated basis, a North Atlantic Rail
Network in order--
``(A) to provide clean, safe, coordinated and efficient
high-speed and high-performance passenger rail transportation
in the 7-State North Atlantic Rail Network region; including
the improvement of existing intercity passenger rail
services;
``(B) to reduce carbon emissions from auto and air
transportation in such region in order to meet the greenhouse
gas performance targets established under section 150(d) of
title 23; and
``(C) to provide employment opportunities and economic
development in the cities and regions served by a North
Atlantic Rail Network.
``(4) Staffing.--The directors and officers of the Compact
may appoint and fix the pay of such personnel, as they
consider necessary and appropriate, to advance the design and
construction of a North Atlantic Rail Network.
``(5) Coordination.--The Compact, in designing and
constructing a North Atlantic Rail Network, shall coordinate
and cooperate with--
``(A) the Secretary of Transportation;
``(B) the Northeast Corridor Commission;
``(C) Amtrak;
``(D) State departments of transportation, regional
transportation authorities, and other State-established
entities, responsible for the provision of passenger rail in
the North Atlantic Rail Network region; and
``(E) freight railroads that host passenger trains or
operate freight trains over passenger rail lines within the
territory.
``(b) North Atlantic Rail Network.--
``(1) Creation.--Notwithstanding the existing service along
the Northeast Corridor, the Compact shall construct a North
Atlantic Rail Network, which may include--
``(A) additional high-speed rail service between Boston and
New York;
``(B) a high-performance network of intercity passenger
rail transportation throughout the 7-State region; and
``(C) an integrated network of metropolitan passenger rail
transportation coordinated with the high-speed rail service
referred to in subparagraph (A).
``(2) Authorizations.--The Compact shall have the same
authorities provided to interstate compacts in section 410 of
the Amtrak Reform and Accountability Act of 1997 (49 U.S.C.
24101 note), including--
``(A) receiving appropriations--
``(i) to plan, design, engineer, and acquire property
(including railroad rights-of-way);
``(ii) to conduct competitive procurements;
``(iii) to enter into construction contracts;
``(iv) to form project labor agreements; and
``(v) to construct a North Atlantic Rail Network;
``(B) utilizing all design-build and other alternative
procurement policies and practices approved by the Department
of Transportation;
``(C) utilizing existing authorities to expedite reviews
for infrastructure investment within existing rights of way
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
``(D) contracting with Amtrak, State departments of
transportation, or related operating entities within the 7-
State North Atlantic Rail Network region to design or
construct elements of a North Atlantic Rail Network.
``(3) Commencement of operations.--The Compact shall
commence operations and be eligible for appropriated funding
in any State that has ratified the Compact, upon the
ratification of a minimum of 2 states of the Compact.
``(4) Responsibilities.--If a State department of
transportation or its related operating entity owns the
right-of-way for a rail line segment within a North Atlantic
Rail Network, such department or entity shall be responsible
for the design and construction of improvements on such
segment of a North Atlantic Rail Network.
``(5) Work performed on right-of-way.--Notwithstanding
paragraph (2)(D), all work done in existing rail right-of-way
shall be performed only in accordance with the rail
collective bargaining agreements applicable to work performed
on such right-of-way.''.
(b) Clerical Amendment.--The analysis for chapter 249 of
title 49, United States Code, is amended by inserting after
the item relating to section 24905 the following:
``24905A. North Atlantic Rail Interstate Compact; North Atlantic Rail
Network.''.
(c) Sunset.--Upon the earlier of the completion of the
construction of all of the elements of a North Atlantic Rail
Network created pursuant to subsection (b)(1) of section
24905A of title 49, United States Code, as added by this Act,
or the date that is 20 years after the date of the enactment
of this Act--
(1) the North Atlantic Rail Interstate Compact established
pursuant to subsection (a)(1) of such section shall be
dissolved; and
(2) the assets of the North Atlantic Rail Interstate
Compact shall be transferred to Amtrak.
[[Page H3529]]
amendment no. 99 offered by ms. titus of nevada
=========================== NOTE ===========================
June 30, 2021, on page H3529, the following appeared: AMENDMENT
NO. 99 OFFERED BY MR. TITUS OF NEVADA
The online version has been corrected to read: AMENDMENT NO. 99
OFFERED BY MS. TITUS OF NEVADA
========================= END NOTE =========================
Page 1269, line 12, insert before the period the following:
``, or a rail carrier (as such term is defined in section
10102(5) of title 49, United States Code) with demonstrated
support from at least one of such entities for high-speed
rail activities described in section 26101 or 26106 of title
49, United States Code''.
amendment no. 101 offered by mrs. torres of california
Page 600, beginning on line 18, strike ``consistent with
the safety recommendations issued by the National
Transportation Safety Board on August 15, 2017, numbered H-
17-27 and H-17-28''.
Page 600, after line 4, insert the following (and
redesignate subsequent paragraphs accordingly):
(7) the results and recommendations of the National
Academies of Sciences, Engineering, and Medicine report
entitled ``Development of a Posted Speed Limit Setting
Procedure and Tool'', issued March 2021;
(8) the safety recommendations issued by the National
Transportation Safety Board on August 15, 2017, numbered H-
17-27 and H-17-28;
Page 600, after line 16, insert the following (and
redesignate the subsequent subsection accordingly):
(d) Study on Speed Limit Methodologies.--Not later than 2
years after the date of enactment of this Act, the Secretary
shall conduct a study of current speed limit setting
methodologies across the country and develop best-practices
for such methodologies, taking into consideration context
sensitive design principles (as such term is defined in
section 101 of title 23, United States Code).
amendment no. 102 offered by mrs. torres of california
Page 1101, line 7, strike ``$2,000,000'' and insert
``$8,000,000''.
Page 1101, after line 12, insert the following:
(d) Application of Chapter 35 of Title 44.--Any survey,
questionnaire, or interview that the Secretary determines to
be necessary to carry out the reporting or research
requirements relating to this section, including customer
satisfaction assessments, shall not be subject to chapter 35
of title 44, United States Code.
amendment no. 103 offered by mrs. torres of california
Page 705, after line 3, insert the following:
SEC. 1640. REGIONAL INFRASTRUCTURE ACCELERATOR DEOMONSTRATION
PROGRAM.
Section 1441 of the FAST Act (23 U.S.C. 601 note) is
amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting before paragraph (1) the following:
``(1) the need for projects that address air quality in
areas--
``(A) that have been designated as nonattainment area under
section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or
``(B) that are maintenance areas (as such term is defined
in section 101(a) of title 23, United States Code);''; and
(2) in subsection (f) by striking ``$12,000,000'' inserting
``$13,600,000 out of the general fund of the Treasury for
each fiscal year''.
amendment no. 105 offered by mr. torres of new york
Page 523, line 3, before the period, insert the following:
``, including a project to deck over a limited-access highway
or other eligible facility''.
amendment no. 106 offered by mr. torres of new york
At the end of subtitle C of title I of division B, add the
following:
SEC. __. GAO STUDY.
Not later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct a study to review the amount of funds made available
under section 151(f) of title 23, United States Code, for the
installation of electric vehicle charging stations in
communities disproportionately impacted by air pollution and
high rates of asthma.
amendment no. 109 offered by ms. velazquez of new york
Page 663, line 8, insert ``residents of public housing (as
such term is defined in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)) and of other housing
assisted under other Federal affordable housing programs as
so designated by the Secretary of Housing and Urban
Development,'' after ``elderly,''.
Page 664, line 15, insert ``, residents of public housing
(as such term is defined in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)) and of other housing
assisted under other Federal affordable housing programs as
so designated by the Secretary of Housing and Urban
Development,'' after ``low-income communities''.
Page 665, beginning on line 12, insert ``, residents of
public housing (as such term is defined in section 3(b) of
the United States Housing Act of 1937 (42 U.S.C. 1437a(b))
and of other housing assisted under other Federal affordable
housing programs as so designated by the Secretary of Housing
and Urban Development,'' after ``low-income communities''.
Page 665, line 12, insert ``including individuals
registered with a one-stop center, as defined under section 3
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102),'' after ``employment,''.
amendment no. 110 offered by ms. velazquez of new york
Page 838, after line 25, insert the following (and
redesignate the subsequent subparagraphs accordingly):
(F) any expected cost savings for transit agencies and law
enforcement agencies responsible for enforcing fare evasion
policies;
amendment no. 111 offered by ms. velazquez of new york
Page 350, line 16, strike ``and'' at the end.
Page 350, line 19, strike the period at the end and insert
``; and''.
Page 350, after line 19, insert the following:
``(v) the planting of trees, appropriate to the region, in
street medians, islands, and along sidewalks in order to
complement traffic calming techniques.
The SPEAKER pro tempore. Pursuant to House Resolution 508, the
gentleman from Pennsylvania (Mr. Lamb) and the gentleman from Louisiana
(Mr. Graves) each will control 10 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. LAMB. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of this en bloc amendment, which
provides for the consideration of 42 amendments. The amendments
contained in this en bloc touch upon various policy areas in the base
bill.
The surface transportation amendments include: increasing funding for
the National Scenic Byways Program; creating a climate-safe
infrastructure working group to prepare transportation infrastructure
for the effects of climate change; requiring a GAO report to Congress
on access to nonemergency medical transportation for disadvantaged
populations; requiring the Secretary of Transportation to submit a
report to Congress on the Disadvantaged Business Enterprise Program;
and ensuring underserved communities are considered in the expansion of
electric vehicle charging infrastructure.
These are just some of the highlights of the amendments included. I
thank my colleagues for offering such thoughtful amendments to improve
the surface transportation portions of the INVEST in America Act, and I
urge adoption of the amendment.
Mr. Speaker, I reserve the balance of my time.
Mr. GRAVES of Louisiana. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I actually want to repeat what the gentleman from
Pennsylvania just said: This bloc of amendments consists of 42
amendments.
All you Americans that are at home right now, your Member of Congress
that you elected to come up here to debate, to influence, to fix the
crisis we have in transportation and traffic right now, you get the
choice to either support or oppose 42 different amendments, some of
which may be good, some of which may be awful.
This is what democracy looks like right now under this Democrat
majority, where the individual Members of Congress aren't even allowed
to effectively represent their constituents.
This bill, including this amendment, simply adds more money to a bad
system. The average American, Mr. Speaker, all they need to do is think
about that road project, that traffic jam, they have in their
community. All this bill does is puts more money in that very system
that resulted in those problems in their community. It doesn't fix it.
In fact, it even diverts money from what should be infrastructure
into things that have absolutely nothing to do with infrastructure,
which, just to give an example of that, includes art. That is where
your transportation dollars are going, art infrastructure.
Mr. Speaker, this amendment is so fundamentally flawed, this process
is so fundamentally flawed, I urge rejection of this entire bloc.
Mr. Speaker, I reserve the balance of my time.
Mr. LAMB. Mr. Speaker, I yield 1 minute to the gentleman from Rhode
Island (Mr. Langevin).
Mr. LANGEVIN. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I am proud to rise in support of the INVEST in America
Act, which will help rebuild America's infrastructure. I especially
rise today in strong support of my amendment and other disability
provisions in the INVEST in America Act.
It has been more than three decades since the ADA became law. Yet,
people
[[Page H3530]]
with disabilities still face substantial barriers to transportation.
The INVEST in America Act includes provisions from the Disability
Access to Transportation Act, a bill I authored to break down barriers
in transportation for people with disabilities.
These provisions, among other things, include establishing a one-stop
paratransit pilot program so that riders can schedule an intermediate
stop during their trips, reauthorizing and increasing funding for
section 5310 mobility grants, and streamlining the reporting process
for accessibility complaints.
The bill will also require the Department of Transportation to adopt
the U.S. Access Board's proposed ``Public Rights-of-Way Accessibility
Guidelines'' as enforceable standards, and my amendment will require
the Department of Justice to follow suit.
Mr. Speaker, this amendment and the INVEST in America Act will help
make our Nation more accessible for Americans with disabilities. I urge
my colleagues to vote ``yes'' on this amendment, and I thank the
chairman for his leadership on this outstanding bill.
Mr. GRAVES of Louisiana. Mr. Speaker, I reserve the balance of my
time.
Mr. LAMB. Mr. Speaker, I yield 1 minute to the gentleman from New
York (Mr. Jones).
Mr. JONES. Mr. Speaker, people in suburban communities benefit from
convenient, reliable public transportation to urban areas. It allows
them to move to more affordable neighborhoods while maintaining access
to the economic opportunities in the city.
This is evident in part of my district, where a one-seat ride on the
east side of the Hudson River in New York makes it easy to get off the
roads and commute by train between Westchester County and New York
City.
Unfortunately, Rockland County, on the west side of the Hudson, lacks
direct rail service to the city, making the commute deeply inconvenient
and the area a more challenging place to live.
My amendment would commission a study on the economic benefits of
one-seat ride commuter rail service between urban and suburban
communities. This study would help Federal, State, and local
governments plan for expansion of direct rail service to communities
like Rockland County and identify areas where improvements are not only
feasible but necessary.
I urge support for my amendment because communities like Rockland
deserve convenient, reliable public transportation to urban areas like
New York City.
Mr. GRAVES of Louisiana. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, we have heard people talk about how this bill is going
to help address climate change, and we have heard people try to suggest
that our side doesn't care about it. The facts actually paint a very
different story.
My friends on the other side of the aisle came in and tried very hard
to force legislation that would mandate reductions in emissions in the
power sector. That was going to significantly drive up energy costs.
Thankfully, Congress didn't enact it.
But do you know what actually happened? By letting innovators
innovate, by Congress not coming in and forcing regulatory mandates and
forcing and choosing different types of energy technologies, the United
States has reduced emissions more than the next 12 emissions-reducing
countries combined.
Is it because of Congress' actions? No. It is because Americans are
innovative, and Americans innovated their way out of this. We have been
leading the world.
What this legislation does is it goes back, and it fails to learn
from the lessons of the past. It tries to force technologies.
Right now, electric vehicle sales represent 2 percent of sales.
Consumers don't want them.
In my home State, we drive pickup trucks and put our boats behind
them. But don't worry, because according to Car and Driver, you are
going to get to pull your boat 100 miles, and then you get to stop at a
charging station, paid for by this bill. You will then get to sit there
for 45 minutes, potentially get your truck up to 80 percent, and you
can maybe then drive another, I don't know, 70 miles or so. It is going
to be great.
This is crazy. This is absolutely crazy. Americans need traffic
solutions. We need traffic solutions. We had 325 amendments submitted
to this bill to try to improve it. Mr. Speaker, 149 of those were
accepted, and 105 of those were Democrat amendments, not even giving
Republican constituents across America the opportunity to be able to be
represented.
Mr. Speaker, I urge rejection of this partisan, failed process that,
for the first time in decades, has failed to yield a bipartisan bill.
Mr. Speaker, I reserve the balance of my time.
Mr. LAMB. Mr. Speaker, I would just note for my colleague's
edification the strong role that the Federal Government and national
lab system played in the very energy innovation that he was mentioning
in his remarks. It was not done by the private sector alone.
Mr. Speaker, I yield 1 minute to the gentleman from New York (Mr.
Torres).
Mr. TORRES of New York. Mr. Speaker, I rise to speak in favor of my
amendment to the INVEST Act, which clarifies that the capping of
highways with deck parks shall qualify for funding under the
Reconnecting Neighborhoods Program.
The South Bronx is the most densely populated congressional district
with the highest concentration of diesel truck traffic. In Hunts Point
alone, there are 15,000 trucks traveling every day from and to the
Hunts Point Terminal Market. Children living near the Cross Bronx
Expressway are, through no fault of their own, breathing in air
pollutants that cause respiratory disease.
The sheer prevalence of asthma in the South Bronx is no accident. It
is a consequence of the Cross Bronx Expressway, which stands both
literally and metaphorically as a structure of racism.
My amendment to the INVEST Act would lay the groundwork for capping
the Cross Bronx Expressway in the hopes of preventing diesel truck
traffic from polluting the air we breathe in the Bronx.
There is no policy or project that would do more to fundamentally
improve the air quality and life expectancy in the South Bronx than the
long-overdue transformation of the Cross Bronx Expressway.
{time} 1900
Mr. GRAVES of Louisiana. Mr. Speaker, I reserve the balance of my
time.
Mr. LAMB. Mr. Speaker, I yield 1 minute to the gentleman from
Massachusetts (Mr. Auchincloss).
Mr. AUCHINCLOSS. Mr. Speaker, I rise today in support of my amendment
to the INVEST in America Act to ensure the future of transportation is
convenient, affordable, and sustainable.
My amendment would help local governments sustainably fund innovative
public transportation options, including on-demand transit. These new
transit services will be required to follow FTA rules and to protect
the labor force that makes public transit possible.
Expanding mobility-as-a-service--like bikeshare, scooters, and
rideshare--will bring in new transit ridership, meaning less traffic
and pollution and more walkable, vibrant downtowns.
I am grateful for Chairman DeFazio's leadership on this
transformational bill and the diligent work of his staff. I urge my
colleagues to support my amendment and the underlying bill.
Mr. GRAVES of Louisiana. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I heard my friends talk about how it has been innovation
that has led us to emissions reductions. I find it fascinating and
certainly look forward to that discussion.
But, Mr. Speaker, right now, just a few months ago, the United States
was entirely energy independent. We produced all the resources that we
needed to power our economy and to power our transportation sector.
What this bill does is begins forcing everything, manipulating
markets in a direction that doesn't work.
Don't take my word for it. Let me give you examples about the State
of
[[Page H3531]]
California that has tried to do the very thing that this bill does. The
State of California currently has electricity prices that are twice
those of my home State.
I ask the American citizens, Mr. Speaker, which American is asking to
have their electricity bills doubled?
By the way, when you increase demand for electricity, the price goes
up even higher. When you try to electrify the entire vehicle fleet,
then prices go up.
Do you think they got a plan for this?
There is a study in this very amendment that tries to study how you
are going to incorporate vehicles into the energy and transportation
sector. They don't even know how they are going to do it, yet they are
charging ahead boldly under this en bloc amendment.
Another great one in here: During the committee process on this, I
offered an amendment, Mr. Speaker, to establish national centers of
resilience. I got a commitment from the chairman saying: Yes, we are
going to work with you on this.
They didn't work with us. But all of a sudden, when we filed our
amendment, that one is discarded, and one pops up from a Democrat
Member with our idea. It is now going to be in this en bloc for
consideration.
This whole process just doesn't reflect democracy. I can't say it
enough, Mr. Speaker: Decades and decades of bipartisan support, strong
support, representing the leadership on how you negotiate legislation
and bringing traffic solutions and transportation solutions to America.
In this case, there is no bipartisan support. This is a failed effort
that fails to address the needs of the American public. It diverts
funds that need to go to traffic solutions to things that, quite
frankly, are going to play into China's hands and cause the loss of
jobs. We need to be exporting American innovation, not exporting jobs
to China, as this bill does.
Mr. Speaker, I reserve the balance of my time.
Mr. LAMB. Mr. Speaker, may I inquire as to how much time is
remaining.
The SPEAKER pro tempore. The gentleman from Pennsylvania has 5
minutes remaining. The gentleman from Louisiana has 3\1/2\ minutes
remaining.
Mr. LAMB. Mr. Speaker, I yield 1 minute to the gentlewoman from
Wisconsin (Ms. Moore).
Ms. MOORE of Wisconsin. Mr. Speaker, I thank the chairmen for their
leadership, vision, and work on this bill.
It must be our priority to ensure needed infrastructure investments
promote equity to help address the myriad environmental injustices
experienced by minority, Tribal, and low-income communities.
For this reason, I was happy to join forces with the gentleman from
Colorado (Mr. Crow) to offer an amendment which ensures underserved and
disadvantaged communities are not left behind as we make the electric
vehicle transition.
I also want to thank Chairman DeFazio for the strong equity-focused
investments in this package, such as the new reduced fare for the low-
income riders demonstration grant program and changes to the transit
formula to require transit agencies to better serve transit-dependent
populations.
I am pleased that my amendment to this package, which would increase
the funding set-aside for low- and moderate-income communities under
the Zero Emission Bus Grant Program, is included.
Finally, providing equitable access to electric charging
infrastructure and substantial public transit funding helps build
equity into our Nation's transportation options and will help address
the climate hazards that must remain a priority for this administration
and Congress.
Mr. Speaker, I urge the body to support this bill.
Mr. GRAVES of Louisiana. Mr. Speaker, I reserve the balance of my
time.
Mr. LAMB. Mr. Speaker, I yield 1 minute to the gentlewoman from New
York (Ms. Ocasio-Cortez).
Ms. OCASIO-CORTEZ. Mr. Speaker, I rise today to offer six amendments
to the INVEST in America Act.
It is imperative that any infrastructure bill that we work on and is
passed by Congress helps to achieve two goals: one, address the history
of injustice and displacement that traditional and historic
infrastructure investment has imposed on communities of color and
working people, like the construction of the Cross Bronx Expressway;
and the second is to prepare for and create good, dignified union jobs
in building the infrastructure that helps mitigate climate change.
One amendment that I am offering today would double the funding to
replace lead water infrastructure in schools. In the richest country in
the world, no child should be poisoned by their classroom water
fountain, yet that is exactly the case for millions of American
schoolchildren. In New York City alone, at least 400 schools, many in
the Bronx, contained faucets with elevated lead levels as recently as
2019.
I am also offering an amendment today with Representative Moulton to
increase rail funding by 20 percent.
Mr. Speaker, I urge support and passage of these amendments.
Mr. GRAVES of Louisiana. Mr. Speaker, I reserve the balance of my
time.
Mr. LAMB. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. McNerney).
Mr. McNERNEY. Mr. Speaker, I rise today in support of my amendment to
H.R. 3684, the INVEST in America Act.
Among other things, this legislation aims to increase both the
awareness of career opportunities in the transportation sector and to
build a more diverse workforce in this field.
My amendment would add veteran status as a factor to be considered
under diversity.
As of 2017, women represented 16 percent of the overall Active Duty
force, with 43 percent of Active Duty military identified as Black,
Hispanic, Asian, or another racial or ethnic group. Our increasingly
diverse military is not only an asset to our Nation's security, but
when these servicemembers return to civilian life, they are often an
untapped pool of potential.
We have a duty to protect and serve those who have done so for us. A
key part of that is helping our veterans find gainful employment once
their service has ended, which is what my amendment would seek to do.
Mr. Speaker, I urge my colleagues to support this.
Mr. GRAVES of Louisiana. Mr. Speaker, I reserve the balance of my
time.
Mr. LAMB. Mr. Speaker, I yield 1 minute to the gentlewoman from Texas
(Mrs. Fletcher).
Mrs. FLETCHER. Mr. Speaker, I rise today to offer an amendment to the
INVEST in America Act to provide local transit agencies the flexibility
to develop large-scale transit improvement plans.
As Congress discusses legislation to reimagine and rebuild our
country's infrastructure and transit systems, the amendment I am
offering today provides additional flexibility, as transit agencies
group transit improvement projects together and allow more than one
project to be developed and financed at a time.
Specifically, if an agency pays more than the required 20 percent of
local funds to pay for a federally qualified project, the extra funds
they used on that project will be counted as a credit on another
project.
This will ensure that local agencies are able to maximize both the
Federal and local funds available to them to deliver large-scale
regional transit improvements.
As we reimagine and rebuild our country's infrastructure, this is
precisely the type of Federal-local partnership that will deliver the
highest value for our investment as we work to build for our future.
Mr. GRAVES of Louisiana. Madam Speaker, I reserve the balance of my
time.
Mr. LAMB. Madam Speaker, I am prepared to close whenever the
gentleman from Louisiana is prepared to close. I reserve the balance of
my time.
Mr. GRAVES of Louisiana. Madam Speaker, I am prepared to close, but
being in opposition, I reserve the right to close.
Mr. LAMB. Madam Speaker, just kind of wrapping up everyone's comments
today, I think that this bill is a significant down payment on the
future that we are all working toward.
The reality of American history is that the government often works
together with businesses to stimulate investments and speed up new
markets.
[[Page H3532]]
That is what we are trying to do in this bill. That has been true in
natural gas; it has been true in public transportation; and it is true
in electric vehicles. And that is what this bill is about.
We are very proud to offer all of these amendments, and I reserve the
balance of my time.
Mr. GRAVES of Louisiana. Madam Speaker, recognizing that I have the
right to close, I continue to reserve the balance of my time.
Mr. LAMB. Madam Speaker, I yield back the balance of my time.
Mr. GRAVES of Louisiana. Madam Speaker, I would like to start a
colloquy with the gentleman from Pennsylvania, who made a statement
about how our national labs innovated us into this emissions reduction
leadership role we play in the United States.
I ask the gentleman from Pennsylvania to explain to us about those
innovations and how that contributed to emissions reductions.
I yield 30 seconds to the gentleman from Pennsylvania (Mr. Lamb) for
the purpose of a colloquy.
Mr. LAMB. Madam Speaker, I will try to do it in 30 seconds.
The bulk of our emissions reduction has come from the transition from
coal to natural gas. Most of the critical science that is behind the
shale revolution was developed within the national lab system,
particularly at the National Energy Technology Laboratory, proudly
located in western Pennsylvania.
Of course, private-sector innovation played a huge role, but there
were many key scientific advances that would not have been possible
without Federal investment paid for by this very Congress.
That is how we are responsible for many of the emissions reductions
that have taken place and that will continue to take place in the
future.
Mr. GRAVES of Louisiana. Madam Speaker, reclaiming my time, I
couldn't have asked the gentleman to make my point any more than he
just did.
This bill attempts to force or manipulate markets in a direction that
is simply not consistent with the resources, the workforce of America.
The gentleman is exactly right. He is exactly right. It is our
natural gas revolution that has resulted in the United States leading
the world in reducing emissions. It is not a result of someone coming
in and forcing people to drive electric vehicles. It is not a result of
forcing people to put solar panels on their homes. That is not it. It
is the transition to natural gas.
As a matter of fact, the natural gas from the gentleman's home State,
according to the National Energy Technology Lab in the gentleman's home
State, has a 42 to 47 percent lower emissions profile than Russian gas,
which is effectively what this bill forces to happen, more dependence
on Russian gas.
A year ago, we imported zero barrels of Russian oil--zero--into the
United States. This month, we are on a trajectory to import 7 million
barrels, 7 million barrels of oil from Vladimir Putin. Thanks. This is
crazy.
This bill just continues building on that. I really don't understand,
Madam Speaker, what the gentleman is going to tell his own constituents
when they are no longer employed. Folks say: Hey, don't you worry. We
are going to get new clean energy jobs.
Madam Speaker, what has happened every single time we have developed
new technology that wasn't tied back to America's resources? China
steals the property. They steal the intellectual property. They steal
the inventions and sell it back to us at a cheaper price--by the way,
at the same time, causing greater environmental consequences using
child enslaved labor.
Madam Speaker, what I urge is, let's apply cancel culture to the
countries that my friends across the aisle are actually promoting right
now, to China and Russia.
Let me say this again. This bill attempts to take California's model
and apply it nationally, doubling the electricity prices in my home
State.
Guess which State had the eighth worst emissions growth in America?
Is it the State that carried all this out? No. It is California. Guess
which State is the most dependent State on foreign energy? It is
California.
I can't say it enough. We need to be exporting our innovation, not
exporting our jobs. This is a flawed bill. It is an entirely flawed
strategy that is being forced on American citizens under this
legislation. People have the option right now to buy electric vehicles,
and they are not doing it. It is 0.6 percent of the vehicles today.
Madam Speaker, I urge rejection of this amendment. I yield back the
balance of my time.
{time} 1915
The SPEAKER pro tempore (Ms. Jackson Lee). Pursuant to House
Resolution 504, the previous question is ordered on the amendments en
bloc No. 1 offered by the gentleman from Pennsylvania (Mr. Lamb).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. GRAVES of Louisiana. Madam Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 2 Offered by Mr. Lamb of Pennsylvania
Mr. LAMB. Madam Speaker, pursuant to House Resolution 508, I rise to
offer amendments en bloc No. 2.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 2 consisting of amendment Nos. 5, 9, 15, 31,
34, 43, 52, 61, 62, 63, 65, 74, 76, 86, 94, 100, 112, 114, 119, 121 and
143, printed in House Report 117-75, offered by Mr. Lamb of
Pennsylvania:
amendment no. 5 offered by mr. beyer of virginia
Page 1222, after line 8, insert the following:
SEC. 7002. TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION ACT OF 1998 TEMPORARY LOAN RELIEF
DUE TO COVID-19.
(a) Definitions.--In this section:
(1) Eligible borrower.--The term ``eligible borrower''
means a recipient of an eligible loan administered by the
National Surface Transportation and Innovative Finance
Bureau.
(2) Eligible loan.--The term ``eligible loan'' means a loan
provided on or before the date of enactment of this Act under
a program described in subparagraph (A) or (B) of 116(d)(1)
of title 49, United States Code.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Interest Rate Reset.--
(1) In general.--If, at any time after the date of
execution of an eligible loan, the eligible borrower of such
eligible loan is impacted by COVID-19 and unable to generate
sufficient revenues from the dedicated revenue source to pay
the scheduled repayments of principal and interest on such
eligible loan--
(A) the eligible borrower may submit to the Secretary a
request to reset the interest rate of the eligible loan in
such manner and containing such information as the Secretary
may require; and
(B) the Secretary--
(i) in accordance with such criteria as the Secretary may
establish under subsection (d), shall determine whether the
eligible borrower is impacted by COVID-19; and
(ii) if a positive determination is made under clause (i),
may reset the interest rate of such eligible loan (including
through amendment of such eligible loan) to a lower interest
rate equal to not less than the yield on United States
Treasury securities of a similar maturity to the maturity of
the eligible loan on the date of the reset, in accordance
with this section.
(2) Applicability.--A lower interest rate provided for an
eligible loan pursuant to paragraph (1)(B)(ii) shall apply
until the final maturity date of the eligible loan.
(c) Other Loan Modifications.--With respect to an eligible
borrower impacted by COVID-19, the Secretary, on determining
that the eligible borrower has been impacted by COVID-19,
may--
(1) allow, for a maximum aggregate period of not more than
5 years, an obligor to add unpaid principal and interest to
the outstanding balance of the loan, subject to the
requirements under section 502(j)(3)(B) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
822(j)(3)(B)) or section 603(c)(3)(B) of title 23, United
States Code, as applicable; and
(2) extend any applicable disbursement period established
under an agreement for credit assistance made pursuant to
section 502 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 822) or section 603 of title
23, United States Code, as applicable.
(d) Criteria.--
(1) In general.--To be eligible to receive a lower interest
rate or other loan modification under this section, an
eligible borrower shall achieve compliance with such criteria
as the Secretary may establish, in accordance with paragraph
(2).
[[Page H3533]]
(2) Factors for consideration.--In establishing criteria
for purposes of paragraph (1), the Secretary may take into
consideration such factors as the Secretary determines to be
relevant, including achieving the objectives of--
(A) maintaining the operation of a project carried out by
an eligible borrower in a disaster, emergency, or other
extenuating circumstance;
(B) mitigating the financial impact on an eligible borrower
of a disaster, emergency, or other extenuating circumstance;
and
(C) protecting the interests of the Federal Government in
critical infrastructure.
(e) Effective Period.--
(1) In general.--The authority of the Secretary to reset
interest rates pursuant to this section shall terminate on
September 30, 2022.
(2) Effect of subsection.--Nothing in this subsection
affects any eligible loan that is modified pursuant to this
section on or before September 30, 2022.
amendment no. 9 offered by mr. calvert of california
Page 705, after line 3, insert the following:
SEC. 1640. ESTABLISHMENT OF WESTERN RIVERSIDE COUNTY NATIONAL
WILDLIFE REFUGE.
(a) In General.--The Secretary of the Interior (in this
section referred to as the ``Secretary''), acting through the
United States Fish and Wildlife Service, shall establish as a
national wildlife refuge the lands, waters, and interests
therein acquired under subsection (g). The national wildlife
refuge shall be known as the ``Western Riverside County
National Wildlife Refuge'' (in this section referred to as
the ``Wildlife Refuge'').
(b) Purpose.--The purpose of the Wildlife Refuge shall be--
(1) to conserve, manage, and restore wildlife habitats for
the benefit of present and future generations of Americans;
(2) to conserve species listed as threatened or endangered
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) or the California Endangered Species Act (California
Fish and Game Code 2050-2068), or which is a covered species
under the Western Riverside County Multiple Species Habitat
Conservation Plan;
(3) to support the recovery and protection of threatened
and endangered species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
(4) to provide for wildlife habitat connectivity and
migratory corridors within the Western Riverside County
Multiple Species Habitat Conservation Plan Area.
(c) Sense of Congress.--It is the sense of Congress that
the Secretary shall seek to acquire land, water, or interests
therein (including conservation easements), or sufficient to
satisfy the goals established in the Multiple Species Habitat
Conservation Plan, within the acquisition boundaries pursuant
to this section, including but not limited to those which
have been heretofore or may be hereinafter acquired by the
Western Riverside County Regional Conservation Authority for
Purposes of the Multiple Species Habitat Conservation Plan.
(d) Notification of Establishment.--The Secretary shall
publish notice of the establishment of the Wildlife Refuge in
the Federal Register.
(e) Acquisition Boundaries.--The Secretary shall establish
the acquisition boundaries of the Wildlife Refuge as the
lands and waters within the Western Riverside County Multiple
Species Habitat Conservation Plan Area (as depicted on maps
and described in the Final Western Riverside County Multiple
Species Habitat Conservation Plan dated June 17, 2003).
(f) Administration.--
(1) In general.--Upon the establishment of the Wildlife
Refuge and thereafter, the Secretary shall administer all
federally owned lands, waters, and interests in the Wildlife
Refuge in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) and this
section. The Secretary may use such additional statutory
authority as may be available to the Secretary for the
conservation, management, recovery and restoration of fish
and wildlife and habitat, the development of compatible
wildlife dependent outdoor recreation opportunities, and the
facilitation of fish and wildlife interpretation and
education as the Secretary considers appropriate to carry out
the purposes of this section and serve the objectives of the
Western Riverside County Multiple Species Habitat
Conservation Plan.
(2) Cooperative agreements regarding non-federal lands.--
The Secretary may enter into cooperative agreements with the
State of California, any political subdivision thereof, or
any other person--
(A) for the management, in a manner consistent with this
section and the Western Riverside County Multiple Species
Habitat Conservation Plan, of lands that are owned by such
State, subdivision, or other person and located within the
acquisition boundaries of the Wildlife Refuge;
(B) to promote public awareness of the natural resources of
the Western Riverside County Multiple Species Habitat
Conservation Plan Area; or
(C) to encourage public participation in the conservation
of those resources.
(g) Acquisition and Transfers of Lands and Waters for
Wildlife Refuge.--
(1) Acquisitions.--The Secretary shall acquire by donation,
purchase with appropriated funds, or exchange such lands and
waters, or interests therein (including conservation
easements), as they become available, that will achieve the
purposes of subsection (b), within the acquisition boundaries
of the Wildlife Refuge, except that the lands, waters, and
interests therein owned by the State of California and its
political subdivisions may be acquired only by donation.
(2) Transfers.--
(A) In general.--The head of any Federal department or
agency, including any agency within the Department of the
Interior, that has jurisdiction of any Federal property
located within the boundaries of the Wildlife Refuge as
described by this section shall, not later than 1 year after
the date of the enactment of this Act, submit to the
Secretary an assessment of the suitability of such property
for inclusion in the Wildlife Refuge.
(B) Assessment.--Any assessment under subparagraph (A)
shall include--
(i) parcel descriptions and best existing land surveys for
such property;
(ii) a list of existing special reservations designations,
or purposes of the property;
(iii) a list of all known or suspected hazardous substance
contamination of such property, and any facilities, surface
water, or groundwater on such property;
(iv) the status of withdrawal of such property from--
(I) the Mineral Leasing Act (30 U.S.C. 181 et seq.); and
(II) the General Mining Act of 1872 (30 U.S.C. 22 et seq.);
and
(v) a recommendation as to whether such property is or is
not suitable for inclusion in the Wildlife Refuge, and the
reasons supporting the recommendation.
(C) Inclusion in wildlife refuge.--
(i) In general.--The Secretary shall, not later than 60
days after receiving an assessment submitted pursuant to
subparagraph (A), determine if the property described in such
assessment is suitable for inclusion in the Wildlife Refuge.
(ii) Transfer.--If the Secretary determines the property in
an assessment submitted under subparagraph (A) is suitable
for inclusion in the Wildlife Refuge, the head of the Federal
department or agency that has jurisdiction of such property
shall transfer such property to the administrative
jurisdiction of the Secretary for the purposes of this
section.
(D) Property unsuitable for inclusion.--Property determined
by the Secretary to be unsuitable for inclusion in the
Wildlife Refuge based on an assessment submitted under
subparagraph (A) shall be subsequently transferred to the
Secretary for purposes of this section by the head of the
department or agency that has jurisdiction of such property
if such property becomes suitable for inclusion in the
Wildlife Refuge as determined by the Secretary in
consultation with the head of the department or agency that
has jurisdiction of such property.
(E) Public access.--If property transferred to the
Secretary under this paragraph allows for public access at
the time of transfer, such access shall be maintained unless
such access--
(i) would be incompatible with the purposes of the Wildlife
Refuge;
(ii) would jeopardize public health or safety; or
(iii) must be limited due to emergency circumstances.
amendment no. 15 offered by mr. carter of louisianna
Page 1053, strike lines 5 through 20 and insert the
following:
``(d) Transportation of Equines.--
``(1) Prohibition.--No person may transport or cause to be
transported, an equine 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, or any place that is under the sovereignty of a
government that is not the United States--
``(A) in a motor vehicle containing 2 or more levels
stacked on top of each other; or
``(B) with reason to believe that the equine may be
slaughtered for human consumption.
``(2) Motor vehicle defined.--In this subsection, the term
`motor vehicle' means--
``(A) 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.
``(3) Equine defined.--In this subsection, the term
`equine' means any member of the Equidae family.''.
Page 1954, line 5, strike ``Horses in multilevel trailer''
and inserting ``equines''.
Page 1954, line 12, strike ``horse'' and insert ``equine''.
Amendment No. 31 Offered by Mr. Fitzpatrick of Pennsylvania
Page 1446, after line 21, insert the following:
SEC. 9608. GAO STUDY ON COST ALLOCATION OF RAIL PASSENGER
TRANSPORTATION LIABILITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a study of the apportionment of
liability among owners of right-of-way on the Northeast
Corridor and passenger rail operators on the Northeast
Corridor in accordance with section 24905 of title 49, United
States Code, the Northeast Corridor Commission's cost
allocation policy, and the statutory prohibition on cross-
subsidization under such section.
[[Page H3534]]
(b) Recommendations.--Upon completion of the study under
subsection (a), the Comptroller General shall issue
recommendations to the Northeast Corridor Commission, the
Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate on how to determine
equitable liability allocation policy between owners of
right-of-way on the Northeast Corridor and passenger rail
operators on the Northeast Corridor.
(c) Considerations.--In issuing recommendations under
subsection (b), the Comptroller General shall consider that
any recommendations may be implemented differently amongst
the various Northeast Corridor passenger rail entities based
on differing ownership and operational profiles.
(d) Conclusion.--If a mutually agreed upon resolution
between owners of right-of-way on the Northeast corridor and
passenger rail operators on the Northeast Corridor is reached
prior to the completion of the study under subsection (a),
the Comptroller General shall conclude the study.
Amendment No. 34 Offered by Mr. Garamendi of California
Page 928, after line 2, insert the following (and
redesignate subsequent subparagraphs accordingly):
``(B) educate the public about proper and safe usage of
light- and medium-duty trailers, including required safety
equipment and preventive maintenance for safety.
Amendment No. 43 Offered by Mr. Graves of Louisiana
Page 705, after line 3, insert the following:
SEC. 1640. EFFECT OF WEATHER EXTREMES ON SUSTAINABILITY AND
RELIABILITY OF ROADWAYS.
The Administrator of the Federal Highway Administration
shall issue or update guidance and best practices related to
the resiliency of materials used for construction,
reconstruction, rehabilitation, and preservation projects on
Federal-aid highways, taking into consideration the effect of
dynamic changes on maintenance cycles for roadways, including
as a result of weather-based factors.
Amendment No. 52 Offered by Mr. Kilmer of Washington
Page 1455, after line 23, insert the following:
SEC. 9707. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND
RESTORATION GRANT PROGRAM.
(a) In General.--Chapter 805 of subtitle X of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 80505. National culvert removal, replacement, and
restoration grant program
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the United States Fish and Wildlife Service.
``(2) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Program.--The term `program' means the annual
competitive grant program established under subsection (b).
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(5) Undersecretary.--The term `Undersecretary' means the
Undersecretary of Commerce for Oceans and Atmosphere.
``(b) Establishment.--The Secretary, in consultation with
the Undersecretary and Director, shall establish an annual
competitive grant program to award grants to eligible
entities for projects for the replacement, removal, and
repair of culverts that would meaningfully improve or restore
fish passage for anadromous fish.
``(c) Eligible Entities.--An entity eligible to receive a
grant under the program is--
``(1) a State (as such term is defined in section 401 of
title 23);
``(2) a unit of local government;
``(3) an Indian Tribe;
``(4) a Federal agency eligible to receive funds under
sections 201, 203, or 204 of title 23;
``(5) a political subdivision of a State or unit of local
government;
``(6) a special purpose district or public authority with a
transportation function, including a port authority; or
``(7) a multistate or multijurisdictional group of entities
described in paragraphs (1) through (6).
``(d) Grant Selection Process.--The Secretary, in
consultation with the Undersecretary and Director, shall
establish a process for determining criteria for awarding
grants under the program, subject to subsection (e).
``(e) Prioritization.--The Secretary, in consultation with
the Undersecretary and the Director, shall establish
procedures to prioritize awarding grants under the program
to--
``(1) projects that would improve fish passage for--
``(A) anadromous fish stocks listed as an endangered
species or a threatened species under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533);
``(B) anadromous fish stocks identified by the
Undersecretary or the Director that could reasonably become
listed as an endangered species or a threatened species under
that section;
``(C) anadromous fish stocks identified by the
Undersecretary or the Director as prey for endangered
species, threatened species, or protected species, including
Southern resident orcas (Orcinus orcas); or
``(D) anadromous fish stocks identified by the
Undersecretary or the Director as climate resilient stocks;
and
``(2) projects that would open up more than 200 meters of
upstream habitat before the end of the natural habitat.
``(f) Federal Share.--The Federal share of the cost of a
project carried out with a grant to a State or a unit of
local government under the program shall be not more than 80
percent.
``(g) Technical Assistance.--The Secretary, in consultation
with the Undersecretary and Director, shall develop a process
to provide technical assistance to Indian Tribes and
underserved communities to assist in the project design and
grant process and procedures.
``(h) Administrative Expenses.--Of the amounts made
available for each fiscal year to carry out the program, the
Secretary, the Undersecretary, and the Director may use not
more than 2 percent to pay the administrative expenses
necessary to carry out this section.
``(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the program $800,000,000 for
each of fiscal years 2022 through 2026.''.
(b) Clerical Amendment.--The analysis for chapter 805 of
subtitle X of title 49, United States Code, is amended by
adding at the end the following new item:
``80505. National culvert removal, replacement, and
restoration grant program.''.
Amendment No. 61 Offered by Mr. Lynch of Massachusetts
Page 1222, after line 8, insert the following:
SEC. 7002. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND
PROJECT SELECTION.
(a) In General.--Section 602(c) of title 23, United States
Code, is amended by adding at the end the following:
``(3) Payment and performance security.--
``(A) In general.--The Secretary shall ensure that the
design and construction of a project carried out with
assistance under the TIFIA program shall have appropriate
payment and performance security, regardless of whether the
obligor is a State, local government, agency or
instrumentality of a State or local government, public
authority, or private party.
``(B) Written determination.--If payment and performance
security is required to be furnished by applicable State or
local statute or regulation, the Secretary may accept such
payment and performance security requirements applicable to
the obligor if the Federal interest with respect to Federal
funds and other project risk related to design and
construction is adequately protected.
``(C) No determination or applicable requirements.--If
there are no payment and performance security requirements
applicable to the obligor, the security under section 3131(b)
of title 40 or an equivalent State or local requirement, as
determined by the Secretary, shall be required.''.
(b) Applicability.--The amendments made by this section
shall apply with respect to any agreement for credit
assistance entered into on or after the date of enactment of
this Act.
Amendment No. 62 Offered by Ms. Mace of South Carolina
Page 705, after line 3, insert the following:
SEC. 1640. GAO REPORT REGARDING HIGHWAY TRUST FUND
EXPENDITURES.
(a) In General.--Not later than 2 years 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 on Highway Trust Fund expenditures.
(b) Purpose.--The purpose of the report under subsection
(a) shall be to gain an understanding of the expenditures
made by the trust fund, including for programs funded under
the Mass Transit Account and the Highway Account.
(c) Contents.--The report under subsection (a) shall
examine reimbursements to eligible recipients, including
States, territories, Indian tribes, transit agencies, and
Federal land management agencies, by--
(1) Federal-aid highway program; and
(2) category of eligible project costs including--
(A) administrative costs;
(B) development phase activities, including transportation
planning;
(C) construction;
(D) maintenance;
(E) transit capital projects;
(F) operational improvements;
(G) safety improvements; and
(H) any other category that the Comptroller General
determines necessary.
Amendment No. 63 Offered by Mrs. Rodgers of Washington
Page 210, line 13, insert ``, including areas that are at
risk of flooding, rockslides, and mudslides following a
wildfire'' before the semicolon.
Amendment No. 65 Offered by Mr. Meuser of Pennsylvania
Page 294, after line 5, insert the following:
SEC. 1120. INCREASED FEDERAL SHARE.
Section 120(c) of title 23, United States Code, is amended
by adding at the end the following:
``(4) Areas of persistent poverty.--The Federal share
payable on account of a project, program, or activity carried
out in
[[Page H3535]]
an area of persistent poverty with funds apportioned under
section 104(b) may be increased by up to 5 percent, up to 100
percent of the total project cost of any such project,
program, or activity.''.
Amendment No. 74 Offered by Mr. O'Halleran of Arizona
Page 577, line 1, strike ``(2) in subsection (e) by
striking'' and insert the following:
(2) in subsection (e)(1)--
(A) by striking ``2 percent'' and inserting ``4 percent'';
and
(B) by striking
Amendment No. 76 Offered by Mr. Pence of Indiana
At end of subtitle F of title I of division B, add the
following:
SEC. 1640. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR
ECONOMIC SUCCESS INITIATIVE.
(a) In General.--The Secretary of Transportation shall
establish the Rural Opportunities to Use Transportation for
Economic Success Initiative (hereinafter referred to as the
``ROUTES Office''), to--
(1) improve analysis of rural projects applying for
Department of Transportation discretionary grants, including
ensuring that project costs, local resources, and the larger
benefits to the American people and the economy are
appropriately considered; and
(2) provide rural communities with technical assistance for
meeting the Nation's transportation infrastructure investment
need in a financially sustainable manner.
(b) Objectives.--The ROUTES Office shall--
(1) collect input from knowledgeable entities and the
public on the benefits of rural transportation projects, the
technical and financial assistance required for constructing
and operating rural transportation infrastructure and
services, and barriers and opportunities to funding such
rural transportation projects;
(2) evaluate data on rural transportation challenges and
determining methods to align the Department of
Transportation's discretionary funding and financing
opportunities with the needs of rural communities for meeting
National transportation goals; and
(3) educate rural communities about applicable Department
of Transportation discretionary grants, developing effective
methods to evaluate rural projects in discretionary grant
programs, and communicating those methods through program
guidance.
(c) ROUTES Council.--
(1) In general.--The Secretary shall establish the ROUTES
Council (hereinafter referred to as the ``Council'') to--
(A) organize, guide, and lead the ROUTES Office; and
(B) coordinate rural-related funding programs and
assistance among the modal administrations.
(2) Membership.--
(A) In general.--The Council shall be composed of the
following officers of the Department of Transportation, or
their designees:
(i) The Under Secretary of Transportation for Policy.
(ii) The General Counsel.
(iii) The Chief Financial Officer and Assistant Secretary
for Budget and Programs.
(iv) The Assistant Secretary for Research and Technology.
(v) The Administrators of the--
(I) Federal Aviation Administration;
(II) Federal Highway Administration;
(III) Federal Railroad Administration; and
(IV) Federal Transit Administration.
(vi) The Chief Infrastructure Funding Officer.
(vii) The Assistant Secretary of Government Affairs.
(viii) The Director of the Office of Public Affairs.
(B) Chair.--The Under Secretary of Transportation for
Policy shall be the Chair of the Council.
(C) Additional members.--The Secretary of Transportation or
the Chair of the Council may designate additional members to
serve on the Council.
(3) Additional modal input.--To address issues related to
safety and transport of rural commodities, the Council shall
consult with the Administrators (or their designees) of the--
(A) Maritime Administration;
(B) Great Lakes St. Lawrence Seaway Development
Corporation; and
(C) National Highway Traffic Safety Administration.
(4) Duties.--Members of the Council shall--
(A) participate in all meetings and relevant Council
activities and be prepared to share information relevant to
rural transportation infrastructure projects and issues;
(B) provide guidance and leadership on rural transportation
infrastructure issues and represent the work of the Council
and Department of Transportation on such issues to external
stakeholders; and
(C) recommend initiatives to the Chair of the Council to
consider, establish, and staff any resulting activities or
working groups.
(5) Meetings.--The Council shall meet bimonthly.
(6) Work products and deliverables.--The Council my develop
work products or deliverables to meet its goals, including--
(A) an annual report to Congress describing Council
activities for the past year and expected activities for the
coming year;
(B) any recommendations to enhance the effectiveness of
Department of Transportation discretionary grant programs
regarding rural infrastructure issues; and
(C) other guides and reports for relevant groups and the
public.
amendment no. 86 offered by miss rice of new york
At the end of title III of division B of the bill, add the
following:
SEC. 3018. DRUG-IMPAIRED DRIVING EDUCATION GRANT PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
establish a program to provide grants on a competitive basis
to States and Indian tribes to educate the public on the
dangers of drug-impaired driving.
(b) Application for Grant.--To be awarded a grant under
this section, State or Indian tribe shall submit to the
Secretary an application in such form, at such time, and
containing such information as the Secretary may require.
(c) Suballocations of Funds.--A State or Indian tribe that
receives a grant under this section may suballocate funds
from the grant to a covered entity that will carry out the
requirements of paragraph (a).
(d) Best Available Evidence.--An entity that receives funds
under this section, including a covered entity using such
funds, shall--
(1) use evidence and strategies recommended by the
Congressional Research Service publication titled ``Marijuana
Use and Highway Safety'', published in May, 2019;
(2) use evidence and strategies recommended by the National
Highway Traffic Safety Administration publication titled
``Countermeasures That Work: A Highway Safety Countermeasure
Guide For State Highway Safety Offices, Ninth Edition,
2017'', published in April, 2018; or
(3) use other evidence-based, peer-reviewed strategies as
determined by the Secretary.
(e) Evaluation.--Not later than 2 years after the date on
which a State or Indian tribe receives a grant under the
program established under paragraph (a), the State or Indian
tribe shall submit to the Secretary an evaluation of progress
made toward reducing drug-impaired driving within the State
or Indian tribe.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this Act $15,000,000 for each
of the first 2 fiscal years beginning after the date of
enactment of this Act.
(g) Federal Share.--The Federal share of the costs of
activities funded using amounts from grants awarded under
this section may not exceed 80 percent for each fiscal year
for which a State receives a grant.
(g) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' includes
the following:
(A) A State government agency.
(B) A local government agency or political subdivision of a
State.
(C) A Tribal organization.
(D) A nonprofit organization.
(E) A State or local prosecution office.
(F) A State or local law enforcement agency.
(2) Drug-impaired driving.--The term ``drug-impaired
driving'' means driving under the influence of marijuana,
opioids, cocaine, amphetamines, fentanyl, or phencyclidine.
(3) Marijuana.--The term ``marijuana'' has the meaning
given such term in section 4008 of the FAST Act (Public Law
114-94).
(4) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)(3)) and is exempt from taxation under section
501(a) of such Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) State.--The term ``State'' means a State of the United
States, the District of Columbia, and each territory of the
United States.
(7) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(8) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
amendment no. 94 offered by mr. steil of wisconsin
Page 705, after line 3, insert the following:
SEC. 16__. GAO STUDY ON VULNERABILITIES TO CERTAIN THREATS.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
conduct a study and submit a report on the vulnerabilities
facing the United States transportation system, including
risks to intelligent transportation systems and other
connected systems from ransomware and other cybersecurity
threats. Such report shall be submitted to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate and include a summary of
findings and any recommendations to protect against any such
vulnerabilities.
amendment no. 100 offered by mr. tonko of new york
Page 705, after line 3, insert the following:
SEC. _. EXTENSION OF NHA AUTHORIZATIONS.
(a) Short Title.--The section may be referred to as the
``National Heritage Area Authorization Extension Act of
2021''.
[[Page H3536]]
(b) In General.--Notwithstanding any other provision of
law, the authorization of appropriations for each National
Heritage Area with an authorization expiring in 2021 is
extended through September 30, 2023.
(c) National Heritage Area Defined.--For the purposes of
subsection (b), the term ``National Heritage Area'' means
each of the following:
(1) A National Heritage Area.
(2) A National Heritage Corridor.
(3) A Cultural Heritage Corridor.
(4) A Heritage Preservation Commission.
(5) A National Heritage Route.
(6) A Heritage Partnership.
(7) A National Heritage Partnership.
(8) A National Historic District.
(9) An area designated as a national heritage area through
Federal Statute.
(d) Management Plan Extension.--Section 6001(c) of the John
D. Dingell, Jr. Conservation, Management, and Recreation Act
(Public Law 116-9; 54 U.S.C. 320101 note) is amended--
(1) in paragraph (1), by striking ``3 years after the date
of enactment of this Act'' and inserting ``September 30,
2023''; and
(2) in paragraph (3), by striking ``the date that is 3
years after the date of enactment of this Act'' and inserting
``September 30, 2023''.
amendment No. 112 offered by mr. walberg of michigan
Page 934, line 10, insert ``mode of transportation'' before
``of the driver''.
Page 934, strike lines 16 through 25 and insert the
following:
``(2) Use of grant funds.--A grant received by a State
under paragraph (1)--
``(A) shall be used by the State for the costs of--
``(i) collecting and maintaining data on traffic stops;
``(ii) evaluating the results of such data; and
``(iii) developing and implementing programs to reduce the
occurrence of racial profiling.; and
``(B) may be used by the State for the costs of collecting,
maintaining, and evaluating data on the driver's mode of
transportation at traffic stops.
amendment no. 114 offered by mr. mckinley of west virginia
At the end of title II of division C, insert the following:
SEC. 8205. TRANSPORTATION OF CARBON DIOXIDE.
The Secretary of Transportation may not propose, issue, or
enforce any rule, regulation, or guidance that prohibits the
bulk transportation of captured carbon dioxide, in solid,
liquid, or gaseous form, by pipeline, rail, or ship.
amendment no. 119 offered by mr. crenshaw of texas
Page 1584, line 18, insert ``or unincorporated area'' after
``municipality''.
amendment no. 121 offered by mr. delgado of new york
Page 1549, after line 8, insert the following:
SEC. 12022. DISCLOSURE OF INTRODUCTIONS OF PFAS.
(a) In General.--The introduction of any perfluoroalkyl or
polyfluoroalkyl substance by the owner or operator of an
industrial source shall be unlawful unless such owner or
operator first notifies the owner or operator of the
applicable treatment works of--
(1) the identity and quantity of such substance;
(2) whether such substance is susceptible to treatment by
such treatment works; and
(3) whether such substance would interfere with the
operation of the treatment works.
(b) Violations.--A violation of this section shall be
treated in the same manner as a violation of a regulation
promulgated under subsection 307(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1317(b)).
(c) Definitions.--In this section:
(1) Introduction.--The term ``introduction'' means the
introduction of pollutants into treatment works, as described
in section 307(b) of the Federal Water Pollution Control Act
(33 U.S.C. 1317).
(2) Treatment works.--The term ``treatment works'' has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
amedment no. 143 offered by mr. pappas of new hampshire
Page 1549, after line 8, insert the following:
SEC. 12022. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES
AND STANDARDS AND WATER QUALITY CRITERIA FOR
PFAS.
(a) Deadlines.--
(1) Water quality criteria.--Not later than 3 years after
the date of enactment of this section, the Administrator
shall publish in the Federal Register human health water
quality criteria under section 304(a)(1) of the Federal Water
Pollution Control Act (33 U.S.C. 1314) for each measurable
perfluoroalkyl substance, polyfluoroalkyl substance, and
class of such substances.
(2) Effluent limitations guidelines and standards for
priority industry categories.--As soon as practicable, but
not later than 4 years after the date of enactment of this
section, the Administrator shall publish in the Federal
Register a final rule establishing, for each priority
industry category, effluent limitations guidelines and
standards, in accordance with the Federal Water Pollution
Control Act, for the discharge (including a discharge into a
publicly owned treatment works) of each measurable
perfluoroalkyl substance, polyfluoroalkyl substance, and
class of such substances.
(b) Notification.--The Administrator 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 each publication made under
this section.
(c) Implementation Assistance for Publicly Owned Treatment
Works.--
(1) In general.--The Administrator shall award grants to
owners and operators of publicly owned treatment works, to be
used to implement effluent limitations guidelines and
standards developed by the Administrator for a perfluoroalkyl
substance, polyfluoroalkyl substance, or class of such
substances.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $200,000,000 for each of fiscal years 2022 through
2026, to remain available until expended.
(d) No Increased Bonding Authority.--Amounts awarded to an
owner or operator of a publicly owned treatment works under
this section may not be used as a source of payment of, or
security for (directly or indirectly), in whole or in part,
any obligation the interest on which is exempt from the tax
imposed under chapter 1 of the Internal Revenue Code of 1986.
(e) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Effluent limitation.--The term ``effluent limitation''
has the meaning given that term in section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362).
(3) Measurable.--The term ``measurable'' means, with
respect to a chemical substance or class of chemical
substances, capable of being measured using test procedures
established under section 304(h) of the Federal Water
Pollution Control Act (33 U.S.C. 1314).
(4) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a chemical of which all of the carbon atoms
are fully fluorinated carbon atoms.
(5) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance'' means a chemical containing at least one fully
fluorinated carbon atom and at least one carbon atom that is
not a fully fluorinated carbon atom.
(6) Priority industry category.--The term ``priority
industry category'' means the following point source
categories:
(A) Organic chemicals, plastics, and synthetic fibers, as
identified in part 414 of title 40, Code of Federal
Regulations (or successor regulations).
(B) Pulp, paper, and paperboard, as identified in part 430
of title 40, Code of Federal Regulations (or successor
regulations).
(C) Textile mills, as identified in part 410 of title 40,
Code of Federal Regulations (or successor regulations).
(D) Electroplating, as identified in part 413 of title 40,
Code of Federal Regulations (or successor regulations).
(E) Metal finishing, as identified in part 433 of title 40,
Code of Federal Regulations (or successor regulations).
(F) Leather tanning and finishing, as identified in part
425 of title 40, Code of Federal Regulations (or successor
regulations).
(G) Paint formulating, as identified in part 446 of title
40, Code of Federal Regulations (or successor regulations).
(H) Electrical and electronic components, as identified in
part 469 of title 40, Code of Federal Regulations (or
successor regulations).
(I) Plastics molding and forming, as identified in part 463
of title 40, Code of Federal Regulations (or successor
regulations).
(7) Treatment works.--The term ``treatment works'' has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
The SPEAKER pro tempore. Pursuant to House Resolution 508, the
gentleman from Pennsylvania (Mr. Lamb) and the gentleman from Louisiana
(Mr. Graves) each will control 10 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. LAMB. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of these amendments en bloc, which
provide for the consideration of 21 amendments sponsored by Members on
both sides of the aisle.
The amendments contained in this en bloc amend various divisions of
the bill. These amendments include granting the Secretary of
Transportation the authority to reset interest rates on certain
existing TIFIA loans for borrowers impacted by COVID-19.
Banning the interstate and international transportation of horses
bound to be slaughtered for human consumption.
Allowing States to use their National Highway Traffic Safety
Administration grants to educate the public on the safe and proper use
of passenger vehicle trailers.
Establishing a new grant program for culvert restoration programs
that improve or restore passage for anadromous fish.
Ensuring that Federal funds administered through the TIFIA program
are
[[Page H3537]]
protected by adequate payment and performance security requirements.
Increasing the Tribal Transportation Program safety set-aside.
Codifying the Rural Opportunities to Use Transportation for Economic
Success initiative, a DOT program to help rural communities and Indian
Tribes.
Authorizing a competitive grant program for States and localities to
educate the public on the dangers of drugged driving.
Directing the Comptroller General to study threats facing the U.S.
transportation system from ransomware and other cybersecurity threats.
Reauthorizing certain national heritage areas set to expire at the
end of fiscal year 2021.
Establishing the Western Riverside County National Wildlife Refuge.
Establishing clear Clean Water Act permit limits for the discharge
from PFAS chemicals.
And prohibiting industrial dischargers from secretly using our
network of sewers as dumping grounds for these harmful and persistent
chemicals.
I look forward to hearing further discussion of these amendments from
the various sponsors. I thank my colleagues on both sides of the aisle
for offering these amendments to improve the INVEST in America Act, and
I urge adoption of the amendment. I reserve the balance of my time.
Mr. GRAVES of Louisiana. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, traditionally what would happen in an amendment
grouping like this is that Republicans and Democrats would sit down and
decide which group of amendments everybody agrees on. There are
actually some really good amendments that are included in this en bloc,
some of which address some fundamental problems in our transportation
system.
For example, there is an amendment in here by Congresswoman Mace.
What that amendment does is after much research, the Department of
Transportation couldn't even tell us how much money is being invested
in roads and bridges. Couldn't even answer the question. Congressional
Research Service couldn't. Government Accountability Office couldn't.
We have tried for months to get an answer.
So this commission is a study to look at that, to give us feedback to
understand where the dollars are going to help inform us on how to do a
better job governing.
There is an amendment here that I want to say thanks to my friends
across the aisle for that has to do with the resilience of materials of
roads.
And again, there are good amendments, but, Madam Speaker, this is how
the process is supposed to work. We are supposed to sit down and try to
come to common ground and decide which amendments make sense and we all
agree on and help to expedite this entire process to go from 325
amendments, hopefully, to a much shorter number, not by having
unilateral control and someone unilaterally deciding they are going to
let these amendments go and these not and design a group of amendments
to intentionally fail, despite the fact that there is good policy.
So I will say it again, I think there are some good amendments in
here. I look forward to hearing from my colleagues about their
particular amendments and why they are good policy, and I reserve the
balance of my time.
Mr. LAMB. Madam Speaker, I yield 1 minute to the gentleman from
Washington (Mr. Kilmer).
Mr. KILMER. Madam Speaker, people in the Pacific Northwest have faced
horrific news this week regarding potential catastrophic die-off of
salmon populations resulting from rising water temperatures from this
week's heatwave.
Sadly, in our region, deteriorating infrastructure and failing
culverts have long had a negative impact on water quality and have
threatened the salmon that are so important to our economy and to our
identity.
But today, through this bipartisan amendment, we have some good news.
This amendment would create a new grant program within the U.S.
Department of Transportation for culvert restoration to aid fish
passage and recovery efforts.
It provides $800 million for the new National Culvert Removal,
Replacement and Restoration Grant Program.
By providing this dedicated funding for culvert restoration, the
Federal Government can restore fish passages and provide critical
access to upstream habitat for aquatic species.
I am grateful for Senator Cantwell's partnership and that of Chair
DeFazio and for the support of bipartisan Members from the Pacific
Northwest, who know how important this effort is to protecting clean
water and recovering salmon populations in our region.
This is good news, and I encourage my colleagues to support this
amendment.
Mr. GRAVES of Louisiana. Madam Speaker, I yield 1 minute to the
gentleman from Pennsylvania (Mr. Meuser).
Mr. MEUSER. Madam Speaker, I thank Mr. Graves for yielding and for so
strongly and well leading this important debate.
Madam Speaker, I rise in support of my amendment, the roads to
revitalization amendment, which would increase the Federal share for
infrastructure projects in areas of persistent poverty from 80 percent
to 85 percent. Levelling up the Federal contribution to these projects
could reduce the burden on local governments, enabling long overdue
projects to proceed sooner.
Many low-income communities have infrastructure needs that have been
deferred for far too long, imperiling public safety and compounding the
project's costs. My amendment reduces the burden on State and local
governments to drive infrastructure investments in distressed areas,
paving the way for broader economic development and revitalization of
countless great American neighborhoods.
Infrastructure investment, as we all know, can be a game changer for
many of the communities I represent, as we all do. This simple policy
change will help these communities, Madam Speaker, make the up-front
investment they need to revitalize Main Street, attract private-sector
investment, and become even better places to live and to work.
Mr. LAMB. Madam Speaker, I yield 1 minute to the gentlewoman from
Washington (Ms. Schrier).
Ms. SCHRIER. Madam Speaker, I thank Mr. Lamb for yielding.
I am incredibly excited to have three local projects included in the
INVEST in America Act. I worked with mayors, county commissioners, and
community members across my district to identify priorities and
advocate for Federal investment. These projects will improve the safety
and resiliency of infrastructure in our communities, create jobs, and
boost local economies.
Now, I would like to ask my colleagues to support my amendment to
codify the Forest Service's Legacy Roads and Trails Program. This
program leverages public and private funding to address our national
backlog of deteriorating infrastructure, and does so while protecting
American rivers and streams, endangered fish, and community water
systems with targeted projects, like restoring fish passage and access
to upstream habitat for salmon and steelhead, maintaining and storm-
proofing forest roads, and improving trails so people can safely
recreate in our public lands.
Chronic underfunding has left a long backlog of projects, and I am
proud to present this solution. As we face the increasing threat of
climate change and the need to improve our Nation's crumbling
infrastructure, we must ensure pragmatic programs like legacy roads are
also protected.
I urge my colleagues to support this amendment.
Mr. GRAVES of Louisiana. Madam Speaker, I yield 1 minute to the
gentleman from Indiana (Mr. Pence), a leading member of the
Transportation and Infrastructure Committee.
Mr. PENCE. Madam Speaker, I am going to get straight to the point
since infrastructure is fundamental to a Hoosier's way of life back
home in Indiana and across America.
I rise today in support of my amendment to codify the Rural
Opportunities to Use Transportation for Economic Success, or the ROUTES
initiative.
The ROUTES initiative, first introduced in 2019, works to ensure that
rural communities like mine get their fair share of federal funding for
infrastructure.
This amendment would provide much-needed technical assistance for
[[Page H3538]]
local municipalities, strengthening their ability to be competitive in
applying for Federal funds.
Indiana is the ``Crossroads of America.'' We see billions in commerce
come through our State via airports, highways, and railways.
My home State, and countless other parts of the country are just as
dependent on reliable, safe, and updated infrastructure.
That is why in April I introduced this bipartisan legislation with my
colleague from Texas, Congressman Henry Cuellar.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. GRAVES of Louisiana. Madam Speaker, I yield the gentleman an
additional 30 seconds.
Mr. PENCE. Madam Speaker, in short, this means rural America will
have the ability to improve critical infrastructure that will drive
economic competitiveness and improve safety.
Madam Speaker, I am thankful this issue has remained a bipartisan
priority, and I urge my colleagues to support this amendment so
Congress can continue to recognize the infrastructure needs of our
rural communities across America.
Mr. LAMB. Madam Speaker, I yield 1 minute to the gentleman from
Louisiana (Mr. Carter).
Mr. CARTER of Louisiana. Madam Speaker, I rise today to offer a
bipartisan, commonsense amendment.
This amendment will protect America's equines from being moved across
State lines then exported to Canada and Mexico to be butchered for
human consumption.
Horses aren't bred for food, and Americans don't want them bought
under false pretenses, forced into overcrowded trailers, tormented on a
thousand-mile journey and then prodded to slaughterhouses.
However, a legal loophole still allows tens of thousands of American
equines to be exported each year to Canada and Mexico for slaughter.
This is a heinous practice, and Congress should take every step and
chance we have to end it for good.
I thank the chairman and all of my colleagues for working with me to
make this amendment possible. I thank the amazing advocates who work to
protect horses, equines, and all animals day in and day out, year in
and year out. This amendment wouldn't be on the floor today without
their support. I tip my hat to them. This is a huge amendment that is
bipartisan.
{time} 1930
Mr. GRAVES of Louisiana. Madam Speaker, I yield 1 minute to the
gentleman from Pennsylvania (Mr. Fitzpatrick), one of the hardest
working members on the Committee on Transportation and Infrastructure.
Mr. FITZPATRICK. Madam Speaker, I rise today in support of amendment
No. 15.
This important bipartisan amendment bans the transportation of
equines for the purpose of being slaughtered for human consumption.
Madam Speaker, currently, horses, donkeys, and others can be
transported inhumanely across our country and borders only to be
slaughtered for human consumption in Mexico and in Canada.
Moreover, this heinous practice is responsible for over 3,500 horses
being slaughtered in 2020 alone. These horses are not old or sickly.
More than 92 percent of these horses sent to slaughter are in good
condition, according to the USDA.
Madam Speaker, these innocent horses deserve better, and we must lend
a voice to the voiceless to help end the practice of American horses
being needlessly slaughtered. This amendment has the overwhelming
support of the equestrian community, including the Humane Society, the
SPCA, and Horses for Homes Coalition.
I thank Representative Carter for leading this amendment, along with
the other bipartisan cosponsors of this amendment, and I urge all my
colleagues across the aisle to support it and vote ``yes'' on this
bipartisan en bloc.
Mr. LAMB. Madam Speaker, I yield 1 minute to the gentleman from
Georgia (Mr. Johnson).
Mr. JOHNSON of Georgia. Madam Speaker, I rise to support the INVEST
in America Act, which is landmark legislation that provides critical
funding to repair our crumbling infrastructure, makes long-overdue
investments in public transit, and improves overall safety.
Together, the reforms respond to the climate crisis by reducing
emissions from transportation, which represents the largest share of
greenhouse gas emissions in our economy. This bill includes several
provisions that I authored, including a boost to disadvantaged business
enterprises, a requirement that trucks be equipped with lifesaving,
automatic emergency braking systems, and critical funding for public
transit.
The bill would also fund five projects in my district to expand or
add public transit service and improve rider safety, including the
Stonecrest Transit Hub.
Moving forward, I am hopeful that a final law will include a
dedicated public transit operating program, such as the one that I have
proposed, to grow and improve service around the Nation.
Madam Speaker, I applaud the chairman for his leadership.
Mr. GRAVES of Louisiana. Madam Speaker, I reserve the balance of my
time.
Mr. LAMB. Madam Speaker, I yield 1 minute to the gentleman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. I appreciate your forthright support for a
legislation that deals with the future. The gentleman from Louisiana
State is a textbook example of what happens when we are not dealing
meaningfully, when, for example, allowing the petrol chemical industry
free rein. That is why they are losing an acre an hour, putting them at
risk. This legislation is visionary in terms of providing the tools
that communities need.
I visited over 200 communities since I have been in Congress dealing
with land use, transportation, cycling, how we deal with land use
planning in terms of design. This legislation supercharges that, gives
them the tools that communities want.
Madam Speaker, Republicans for 8 years refused to move forward in a
meaningful way; paralyzed, not willing to make a tough decision. I
salute the committee. I salute you and these package of amendments
because this prepares us for the future.
I bring you greetings from a community that had 116-degree
temperature in June. This is the future if we don't move forward.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. LAMB. Madam Speaker, I yield an additional 30 seconds to the
gentleman from Oregon.
Mr. BLUMENAUER. Madam Speaker, that is the future you are all going
to be experiencing. It is not just losing an acre an hour in Louisiana,
it is baking in the Pacific Northwest, where people didn't even think
they needed air-conditioning.
We have an opportunity to make those investments. I think the
committee has done an outstanding job. And if you spend time on the
ground with local government, with the private sector who want to solve
these problems, we will find that this is very much in keeping with
what America wants and America needs.
Madam Speaker, I appreciate their leadership and hard work.
Mr. GRAVES of Louisiana. Madam Speaker, I yield 1\1/2\ minutes to the
gentleman from Texas (Mr. Brady), the leader of the Committee on Ways
and Means.
Mr. BRADY. Madam Speaker, I thank Ranking Member Graves for his
leadership trying to find a bipartisan framework on our Nation's
infrastructure priorities.
Madam Speaker, I rise today to speak in support of my amendment that
would add crucial taxpayer safeguards to the Railroad Rehabilitation
and Improvement Financing.
With this amendment, 67 percent of total funding for projects would
be required to come from sources other than the Federal Government.
This ensures Federal funds are going towards projects with sound
financials that partner with other public or private entities.
My amendment would require borrowers to document a revenue stream
with the sole objective of paying off the loan. If the Federal
Government is going to lend money to a project, we have to make sure
they have a plan to pay it back. And this provision does just that.
[[Page H3539]]
Another provision would require the Federal loan be repaid, along
with primary debt, if the loan defaults. This requirement protects
taxpayers from bearing the brunt of costs from bankrupt projects.
In my district, constituents are seeing firsthand how high-speed rail
projects with uncertain financing and lacking necessary permits in
place, are looking to the RRIF program for funding. Even though Texas
Central Railroad vowed for years to not seek Federal funding for the
high-speed rail projects, just last year they lobbied Congress to
loosen the RRIF lending requirements even further.
This amendment protects Federal taxpayers not only in my district,
but across America, to make sure our constituents aren't stuck holding
the bag when rail projects default on their loan.
Madam Speaker, I urge bipartisan support.
Mr. LAMB. Madam Speaker, I yield 1 minute to the gentleman from North
Carolina (Mr. Butterfield).
Mr. BUTTERFIELD. Madam Speaker, I thank the gentleman for yielding to
me.
Madam Speaker, I rise in strong support of H.R. 3684, the INVEST in
America Act.
This legislation invests in communities like mine all across the
country that are in desperate need of infrastructure improvements.
Madam Speaker, this past weekend, I took the train back to
Washington, D.C., from my hometown of Wilson, North Carolina. As I
waited to board the train, I noticed significant deterioration to
facilities of the station, including the platform and the canopy. Like
many train stations across America, the Wilson Station is in dire need
of repair and renovation. The INVEST in America Act, among other
things, provides funding to address these issues.
I thank Chairman DeFazio for including over $57 billion in grant
funding to help repair and modernize our aging train facilities. I also
thank the chairman for the inclusion of five transformative
infrastructure projects across my district.
Madam Speaker, this momentous bill delivers on a promise that we made
to the American people. Let's build back better.
Mr. GRAVES of Louisiana. Madam Speaker, I have the right to close so
I reserve the balance of my time.
Mr. LAMB. Madam Speaker, I am prepared to close, and I reserve the
balance of my time.
Mr. GRAVES of Louisiana. Madam Speaker, I believe we have the right
to close, so I am going to reserve.
The SPEAKER pro tempore. Is the gentleman opposed to the amendment?
Mr. GRAVES of Louisiana. I am opposed to the amendment.
The SPEAKER pro tempore. The gentleman from Pennsylvania is
recognized.
Mr. LAMB. Madam Speaker, I yield myself the balance of my time. I
simply rise again to encourage my colleagues to support amendments en
bloc No. 2, and I yield back the balance of my time.
Mr. GRAVES of Louisiana. Madam Speaker, as I mentioned, there are a
number of amendments in here that I fully support. This whole process
is a flawed process.
I have heard the gentleman from Oregon (Mr. Blumenauer) bring up the
coastal Louisiana and the loss of land. The ranking member of the
committee talked about the loss in coastal Louisiana, and it is
extraordinary.
We have lost 2,000 square miles of our coast. It is like taking the
State of Rhode Island and wiping it off the map, which is why I care so
much about this issue; and it is why I care that we actually provide
solutions, not rhetoric. And let me explain.
Madam Speaker, the dirty little secret that my friends across the
aisle will tell you is that the highly celebrated Paris accords that
they are all out there advocating for and saying this bill is going to
advance this Green New Deal and Paris accord commitments, the Paris
accord results in an increase in global emissions. that doesn't fix
what is going on in my home State. It doesn't do anything. It makes it
worse.
As a matter of fact, in negotiations, Secretary Kerry conducted--
allows China to increase emissions another 50 percent between now and
2030. China today emits more than every developed country combined.
So these are the people who we are being asked to trust what happens
to the people that I represent in coastal Louisiana?
Absolutely not.
Let me say it again. It is as a result of what we have done, as a
result of what innovators have done that have resulted in the greatest
reduction in emissions in world history. And don't take my word for it.
That is a quote from the IEA's executive director--International Energy
Agency's executive director.
Madam Speaker, these are flawed strategies. It is proven.
Who has cornered the market on rare earth and strategic minerals?
China has.
So who is going to be responsible for manufacturing the batteries?
China.
Who has made 80 percent of the global investment in battery
technology and in manufacturing?
China.
Madam Speaker, I represent people from America, and that is who I am
going to fight for. That is who I am going to defend. I am going to
defend our land and prevent it from eroding and disappearing because of
flawed policies. I am going to defend their tax dollars to prevent them
being wasted on things that clearly play into China's hands.
Madam Speaker, I can't say this enough. I want to export American
innovation or ingenuity, not our jobs, not our economy. This bill is
fundamentally flawed. And representing the greatest loss of coastal
wetlands in the United States, I won't stand for this type of behavior
that squanders dollars and actually exacerbates the problem of coastal
land lost and sustainability, and ecological productivity in my home
State.
Madam Speaker, I urge that we stop this; that we start this bill over
again; and as we have done for decades, that we come together in a
bipartisan process, just like I know my friend from Oregon would be
saying right now if roles were reversed.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 504, the
previous question is ordered on the amendments en bloc printed in House
Report 117-75, offered by the gentleman from Pennsylvania (Mr. Lamb).
The question is on the amendments en bloc.
The en bloc amendments were agreed to.
A motion to reconsider was laid on the table.
Amendments En Bloc No. 3 Offered by Mr. DeFazio of Oregon
Mr. DeFAZIO. Madam Speaker, pursuant to House Resolution 508, I rise
to offer amendments en bloc No. 3.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 6, 8, 21, 40,
41, 45, 77, 78, 79, 80, 81, 82, 98, 107, 120, 122, 125, 134, and 135,
printed in House Report 117-75, offered by Mr. DeFazio of Oregon:
Amendment No. 6 Offered by Mr. Brady of Texas
Page 1270, line 12, strike ``and''.
Page 1270, after line 12, insert the following (and
redesignate the subsequent paragraph accordingly):
(4) in subsection (h)--
(A) in paragraph (4) by striking ``project described in
subsection (b)(1)(E) to provide a non-Federal match of not
less than 25 percent'' and inserting ``project that receives
a loan or loan guarantee under this section to provide a non-
Federal match of not less than 67 percent''; and
(B) by adding at the end the following:
``(5) To be eligible for a direct loan or loan guarantee
under this section any debt senior to a loan or loan
guarantee under this section shall have an investment-grade
rating
``(6) The Secretary shall ensure that a recipient of a loan
or loan guarantee on or after the date of enactment of the
TRAIN Act shall--
``(A) document the existence of a revenue stream dedicated
to retiring such a loan or loan guarantee and other loans
provided to the project; and
``(B) in the event of bankruptcy of the recipient with
respect to the project, such loan or loan guarantee shall
become equal in status to any primary debt with respect to
the project.''.
Amendment No. 8 Offered by Mr. Budd of North Carolina
Page 732, line 18, strike ``and''.
[[Page H3540]]
Page 733, line 2, strike the period and insert ``; and''.
Page 733, after line 2, insert the following:
(C) at the end of subsection (l) add the following:
``(8) Loans considered as federal funding.--The Secretary
shall consider loans from the Department as part of all the
Federal funding sources requested by the project sponsor when
completing the capital investment grant evaluation
process.''.
Amendment No. 21 Offered by Mr. Crawford of Arkansas
Page 294, line 25, insert ``and'' after the semicolon.
Page 295, line 8, insert ``and'' after the semicolon.
Page 296, line 21, strike the semicolon at the end and
insert a period.
Page 296, strike line 22 and all that follows through page
299, line 4.
Amendment No. 40 Offered by Mr. Gibbs of Ohio
Page 722, strike lines 1 through 5 (and redesignate
accordingly).
Page 754, after line 7, insert the following:
SEC. 2114. FEDERAL-AID HIGHWAY FUNDING.
Recipients of funds under this title may reprogram funds
made available to carry out this title for any purpose
described in section 133 of title 23, United States Code, if
the recipient of such funds certifies that such recipient has
excess funds for the purposes for which the funds were
provided.
Amendment No. 41 Offered by Mr. Gimenez of Florida
Page 766, line 2, add ``or'' after the semicolon.
Page 766, line 3, strike ``; or'' and insert a period.
Page 766, strike lines 4 through 6.
Amendment No. 45 Offered by Mr. Jackson of Texas
Strike section 9101 of the bill (and redesignate the
subsequent sections accordingly).
Amendment No. 77 Offered by Mr. Perry of Pennsylvania
Strike section 1303 of the bill.
Amendment No. 78 Offered by Mr. Perry of Pennsylvania
At the end of title III of division D of the bill, add the
following:
SEC. __. RESTRICTION ON PROVISION OF LOAN OR LOAN GUARANTEE
FOR CERTAIN HIGH-SPEED RAIL PROJECTS.
Notwithstanding any other provision of law, the Secretary
of Transportation may not enter into a contract or
cooperative agreement, issue a letter of intent or a letter
of commitment, make a grant, or provide a direct loan or loan
guarantee or line of credit for a high-speed rail project
that uses rolling stock or equipment unless the rolling stock
or equipment complies with the tier III safety standards in
part 238 of title 49, Code of Federal Regulations.
Amendment No. 79 Offered by Mr. Perry of Pennsylvania
Page 215, line 10, strike ``and (10)'' and insert ``and
(9)''.
Page 215, line 26, strike ``and (10)'' and insert ``and
(9)''.
Page 216, line 5, strike ``and (10)'' and insert ``and
(9)''.
Page 217, line 15, strike ``(10)'' and insert ``(9)''.
Page 220, line 4, strike ``and (10)'' and insert ``and
(9)''.
Page 220, strike lines 5 through 9 (and redesignate
accordingly).
Page 397, strike line 15 and all that follows through page
403, line 12 (and redesignate accordingly).
Amendment No. 80 Offered by Mr. Perry of Pennsylvania
At the end of title II of division D of the bill, insert
the following:
SEC. 9222. PROHIBITION ON USE OF FUNDS FOR AMTRAK NETWORK.
No Federal funds may be used to expand the Amtrak network
beyond the routes and stations served by Amtrak on the date
of enactment of this Act.
Amendment No. 81 Offered by Mr. Perry of Pennsylvania
Page 15, strike line 22 and all that follows through page
16, line 3.
Page 712, strike lines 10 through 14 (and redesignate any
subsequent subsections accordingly).
Page 895, strike line 2 and all that follows through page
907, line 20 (and redesignate any subsequent sections
accordingly).
Amendment No. 82 Offered by Mr. Perry of Pennsylvania
Strike section 1602 of the bill.
Amendment No. 98 Offered by Mr. Tiffany of Wisconsin
Page 705, after line 3, insert the following:
SEC. 1640. HIGHWAY TRUST FUND RESTRICTION.
Notwithstanding any other provision of law, no Federal
funds made available from the Highway Trust Fund may be
expended for any activity or purpose other than for road and
bridge construction.
amendment no. 107 offered by ms. van duyne of texas
Page 705, after line 3, insert the following:
SEC. 1640. NON-FEDERAL PERMITTING.
Notwithstanding any other provision of law, no funds shall
be made available under this Act to satisfy any non-Federal
permitting requirements that exceed the Federal standard for
a permit.
amendment no. 120 offered by mr. curtis of utah
Page 1578, line 23, strike the semicolon and insert ``;
and''.
Beginning on page 1578, strike line 24 and all that follows
through page 1579, line 7.
Page 1581, strike lines 16 through 18, and insert the
following:
``(g) Limitation.--The Administrator may not provide
payments under this section until such time as the
Administrator submits to Congress a report containing--
``(1) an accounting of funds made available by the Federal
Government, during the 18 month period preceding the date of
enactment of this section, to be used for providing
forgiveness of arrearages and fees described in this section;
``(2) a certification of the amount of arrearages and fees
described in this section with respect to which such funds
are insufficient to provide forgiveness; and
``(3) a certification that implementation of this section
will not--
``(A) impair the financial wellbeing of a public water
system receiving such payments; or
``(B) exacerbate drought in an area served by such a public
water system.
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section an amount equal
to the amount certified under subsection (g)(2), but not to
exceed $4,000,000,000, to remain available until expended.''.
amendment no. 122 offered by mr. duncan of south carolina
Strike sections 13302 and 13303.
Page 1604, strike lines 8 through 10.
In section 13304(b), strike ``Administrator'' each place it
appears and insert ``Comptroller General''.
amendment no. 125 offered by mr. hudson of north carolina
Page 1559, line 2, insert ``, including the chemical
GenX,'' after ``substance''.
Page 1559, line 10, insert ``, including the chemical
GenX'' after ``substances''.
Page 1559, line 17, insert ``, including the chemical
GenX,'' after ``substances''.
Page 1560, line 3, strike ``or''.
Page 1560, line 8, strike ``area.'' and insert ``area;
or''.
Page 1560, after line 8, insert the following:
``(5) is affected by the presence of the chemical GenX in
the water in the community water system.''.
Page 1561, line 2, insert ``, including the chemical
GenX,'' before ``in the water''.
amendment no. 134 offered by mr. mckinley of west virginia
Strike sections 13201 and 13205.
amendment no. 135 offered by mrs. rodgers of washington
Strike division I and insert the following:
DIVISION I--DRINKING WATER FUNDING FOR THE FUTURE ACT OF 2021
SEC. 13001. SHORT TITLE.
This division may be cited as the ``Drinking Water Funding
for the Future Act of 2021''.
SEC. 13002. EXTENSIONS OF AUTHORIZATIONS.
(a) Community Water System Risk and Resilience.--Section
1433(g)(6) of the Safe Drinking Water Act (42 U.S.C. 300i-
2(g)(6)) is amended by striking ``and 2021'' and inserting
``through 2026''.
(b) Technical Assistance for Innovative Water
Technologies.--Section 1442(f)(2) of the Safe Drinking Water
Act (42 U.S.C. 300j-1(f)(2)) is amended by striking ``2021''
and inserting ``2026''.
(c) Grants for State Programs.--Section 1443(a)(7) of the
Safe Drinking Water Act (42 U.S.C. 300j-2(a)(7)) is amended
by striking ``and 2021'' and inserting ``through 2026''.
(d) Monitoring Program for Certain Unregulated
Contaminants.--Section 1445(a)(2)(H) of the Safe Drinking
Water Act (42 U.S.C. 300j-4(a)(2)(H)) is amended by striking
``2021'' and inserting ``2026''.
(e) Capitalization Grants to States for State Drinking
Water Treatment Revolving Loan Funds.--Section 1452(m)(1)(C)
of the Safe Drinking Water Act (42 U.S.C. 300j-12(m)(1)(C))
is amended by striking ``for fiscal year 2021'' and inserting
``for each of fiscal years 2021 through 2026''.
(f) Source Water Petition Program.--Section 1454(e) of the
Safe Drinking Water Act (42 U.S.C. 300j-14(e)) is amended by
striking ``2021'' and inserting ``2026''.
(g) Assistance for Small and Disadvantaged Communities.--
Section 1459A(k) of the Safe Drinking Water Act (42 U.S.C.
300j-19a(k)) is amended by striking ``2021'' and inserting
``2026''.
(h) Reducing Lead in Drinking Water.--Section 1459B(d) of
the Safe Drinking Water Act (42 U.S.C. 300j-19b(d)) is
amended by striking ``2021'' and inserting ``2026''.
(i) Voluntary School and Child Care Program Lead Testing
Grant Program.--Section 1464(d)(8) of the Safe Drinking Water
Act (42 U.S.C. 300j-24(d)(8)) is amended by striking ``and
2021'' and inserting ``through 2026''.
(j) Drinking Water Fountain Replacement for Schools.--
Section 1465(d) of the Safe Drinking Water Act (42 U.S.C.
300j-25(d)) is amended by striking ``2021'' and inserting
``2026''.
(k) Indian Reservation Drinking Water Program.--Section
2001(d) of America's Water Infrastructure Act of 2018 (42
U.S.C. 300j-3c note) is amended by striking ``2022'' and
inserting ``2026''.
(l) Water Infrastructure and Workforce Investment.--Section
4304(b)(4) of America's Water Infrastructure Act of 2018 (42
U.S.C.
[[Page H3541]]
300j-19e) is amended by striking ``and 2020'' and inserting
``through 2026''.
The SPEAKER pro tempore. Pursuant to House Resolution 508, the
gentleman from Oregon (Mr. DeFazio) and the gentleman from Arkansas
(Mr. Crawford) each will control 10 minutes.
The Chair recognizes the gentleman from Oregon.
Mr. DeFAZIO. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in opposition to the amendments en bloc, which
provides for the consideration of 19 amendments.
The amendments contained in this en bloc amend various provisions of
the bill. They would strike some of the highest priorities in a bill.
We just heard an impassioned speech from the gentleman from Louisiana,
talking about Louisiana sea-level rise, sinking, and all that, and
wanting to take on China and the world economy.
Well, guess what?
They are building the future. That is EVs and AVs. And they want to
strike all of the provisions in the bill that will provide for electric
charging.
So Fred Smith, no liberal Democrat going all electric with FedEx. GM,
going all electric. Four truck manufacturers making 80,000-pound
capable tractors. No charging stations in America.
Oh, that is not supposed to be the future?
That is the future. That is the future.
And we also--yeah, we deal with climate change. And I know you don't
believe in climate change on that side of the aisle. That is fine. I
wish you lived up where I do. You might just get a sample of what the
future is like.
Now, this strikes the Fix-It-First requirements that prioritize state
of good repair.
Oh, great. Let's go lay down more lane miles; 35,000 lane miles, the
hundred largest cities in America in the last 25 years, and congestion
is six times worse. It is called induced demand. Don't provide transit
alternatives. They kill transit. They kill rail. We are just going to
build more highways. We are going to pave over the entire city.
How much of it are you going to knock down?
{time} 1945
It is not going to work. It didn't work. It hasn't been working. So
it is time to do something different.
It is time to fix what we have, the Eisenhower legacy, 47,000 bridges
in the National Highway System in desperate need of repair or
replacement, tens of thousands in rural areas and counties, new
programs in this bill to deal with those rural areas and counties.
They take out the $4 billion Clean Corridors program, as I said, for
EV charging and hydrogen fueling.
Madam Speaker, $8.3 billion for carbon pollution--they don't believe
in carbon pollution because the parts of the fossil fuel industry that
are enlightened are big contributors, and Donald Trump says we can't
believe in climate change. So, okay, got to take that out.
It prohibits any expenditures out of the highway trust fund, except
for road and bridge construction. That means no safety.
We are having record numbers of pedestrian and cycling deaths, and
this bill is going to make it safer for people to use alternative modes
in urban, suburban, and rural areas.
I am building a bike lane on a highway in a rural area that is
heavily trafficked by bikers to a winery in my district where there
have been fatalities. But, no, none of that. None of that in the bill.
We don't care about the pedestrian deaths. We don't care about the
cycling deaths. We don't care about safety. None of that. None of that
is in their proposal.
They say we are not doing enough on highways. We are doing more than
$20 billion more than they are on highways and bridges. But, oh, we are
ignoring the problem. No, we are not.
They eliminate the Capital Investment Grant Program in its entirety.
They allow the transfer of rural and small urban transit funding to
highways. I represent a very, very large district, bigger than a number
of your States, and I have a lot of rural areas and small cities, and
they want to have some options for transit. You would eliminate that.
Okay.
It eliminates rail funding: no Amtrak, no passenger rail.
Highways are funded at a lower level than we do, and that is going to
take care of the problem. That is kind of laughable.
These are just some of the really bad ideas in this amendment. This
is not the path to the future, not the path to the 21st century. It is
the path of the failed policies of the late 20th century that don't
work anymore.
We also need to hold States accountable. I know some States don't
like that. They don't want to be held accountable. They don't want to
fix it first. They don't want to be held accountable for fossil fuel
pollution. If you don't believe in climate change, you don't care: What
is the problem with fossil fuel pollution?
So this is ``Groundhog Day'' on their side of the aisle. Let's bring
back the failed policies of the 1990s and the early 2000s. Yes, they
were bipartisan, but they didn't deal with 21st century problems.
Madam Speaker, I reserve the balance of my time.
Mr. CRAWFORD. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, there is a lot to unpack in that statement right
there. Let me start with section 1201 of H.R. 3684, which basically
requires States to prioritize the state of good repair for their roads
over constructing new capacity.
Well, it is almost impossible to achieve a state of good repair when
new capacity is necessary to achieve that state of good repair. You are
telling States they can't do that, exercising more Federal control over
the States.
It would greatly limit the State's jurisdiction over their own roads.
Each State has unique transportation systems with needs that vary
greatly, and their decisions to expand highway capacity should be made
by them and not in a vacuum, certainly not here in Washington, D.C.
DOTs must consider everything, from balancing loan service to asset
management.
Section 1201 is an attempt by the Federal Government to identify the
needs of States for them and direct their policies rather than
promoting State flexibility. This section would limit the scope of
good-paying construction projects and jobs for our constituents. It
disproportionately affects rural and suburban communities, mind you,
where new capacity is often needed far more than repairs.
As I mentioned before, Washington cannot and should not try to
dictate every need of the road systems State by State when the
individuals who understand those roads are the best ones to make that
decision. They are the ones who are driving on them every single day.
Instead, Congress should focus our efforts on empowering States to
build the transportation systems their communities need rather than
create more bureaucratic hurdles.
It is interesting to note the comments about electric vehicles in
China. I don't think we should emulate China in any way, shape, or
form, number one. Number two, I am curious to note how those electric
vehicles are powered: by coal-fired power plants. Then, we have the
conversation about the Paris climate accord and who is emitting the
most carbon.
I don't know how you expect to power all these electric vehicles just
by plugging into the wall. Power has to come from somewhere. You are
against nuclear. We are shuttering coal-fired plants. I would ask for
some suggestions on that, but I don't see any realistic ones coming
from the other side.
Madam Speaker, I reserve the balance of my time.
Mr. DeFAZIO. Madam Speaker, I yield 3 minutes to the gentleman from
New Jersey (Mr. Pallone).
Mr. PALLONE. Madam Speaker, I rise in opposition to the en bloc No. 3
Republican amendments.
Some of my colleagues on the Energy and Commerce Committee on the
Republican side earlier said that this water bill was not necessary,
and I strongly disagree. A lot needs to be done to ensure the safety of
our drinking water. We saw what happened in Flint. In my State, we saw
serious lead contamination in Newark.
This bill would provide new resources to address lead and PFAS in
drinking
[[Page H3542]]
water, including $45 billion for lead service line replacement. But the
Rodgers amendment in this bloc would strip these resources out. And,
unfortunately, the Hudson amendment would direct the PFAS resources in
the bill toward just one set of PFAS chemicals, undermining access to
those resources for communities in need.
The underlying bill would provide increased funds for resiliency, to
help water systems plan for and adapt to climate change. But the
Rodgers amendment would strip out those increases.
The underlying bill provides for deadlines for the EPA to set health-
protective standards for PFAS, 1,4-dioxane, and microcystin toxin,
which are long overdue. But the Rodgers amendment would strip out those
deadlines.
The underlying bill also makes targeted changes to improve the
standard-setting process and empower EPA to set standards as needed.
The current standard-setting process has been an utter failure. EPA has
not been able to complete that process for a single drinking water
standard in the 25 years it has been in place. That should be
unacceptable to all of us. But the Rodgers and McKinley amendments
would strip out the changes this bill makes on standard-setting.
Instead of working with us to improve the standard-setting process,
my Republican colleagues seem intent on preserving the status quo,
despite so much evidence that this is simply not enough.
Let me turn briefly to the affordability provisions of this bill.
This bill authorizes significant new funding to reduce or eliminate
customer water debt, recognizing that water debt has become a crisis in
this country. Importantly, water systems taking these funds will agree
not to shut off customer water access for nonpayment for a 5-year
period, offering families peace of mind as we all recover from the
pandemic. But Representative Curtis' amendment would strip out that
shutoff moratorium and make it harder for EPA to get this assistance
out the door.
Last but not least, the drinking water provisions of this bill will
establish permanent rate assistance programs for drinking water and
wastewater service to help families pay their bills and avoid a repeat
of our current debt crisis. These programs have broad support from all
kinds of stakeholders.
Safe drinking water is a fundamental human right, and the drinking
water provisions we have included in the INVEST in America Act include
significant and meaningful investments and reforms to help guarantee
that right. The Republican amendments in this bloc would undermine each
of these improvements, leaving nothing but the status quo.
It is no longer enough to keep pushing the status quo. We have urgent
public health and infrastructure needs that require that we build back
better, as the President says. The INVEST in America Act takes
significant steps toward repairing our water infrastructure, creating
jobs, and protecting public health.
Madam Speaker, I urge my colleagues to vote ``no'' on these harmful
amendments and pass the underlying bill to affirm that safe drinking
water is a fundamental human right.
Mr. CRAWFORD. Madam Speaker, I yield 2 minutes to the gentleman from
Ohio (Mr. Gibbs).
Mr. GIBBS. Madam Speaker, for 6 years, a bipartisan agreement in the
last surface transportation reauthorization prohibited transit funds
going to nontransportation, art-related aspects in federally funded
transit projects. The majority's bill ends that bipartisan agreement
and allows for the diversion of transportation infrastructure funding
to ancillary and unnecessary art projects. My amendment would keep this
prohibition in place so that transportation infrastructure funding goes
to actual infrastructure projects.
Both Republicans and Democrats agree there is a real need for
investments in critical infrastructure, though the majority is
attempting to expand the definition of infrastructure to include
virtually anything.
Rerouting these investments to unnecessary art projects or to pay for
artists on the project design team is a misuse of taxpayer dollars. We
need to focus on repairs for roads and bridges, not feel-good frescoes
and metro station murals.
The amendment will allow excess transit funding to be directed toward
improving our highway systems.
My colleague from the Transportation and Infrastructure Committee
today suggested that if the Soviet Union could have artwork as part of
their infrastructure projects, the United States can as well. I am not
sure we should be taking infrastructure advice from the bankrupt nation
that gave us the Chernobyl incident. And the comparison to the Soviet
Union is unintentionally appropriate: This bill is bloated with
socialist policies.
Simply put, this amendment makes sure that infrastructure funds are
used to fund actual infrastructure. A vote against this amendment
codifies art as infrastructure.
Madam Speaker, I urge my colleagues to support this amendment to
prohibit Federal funding for unnecessary art projects.
Mr. DeFAZIO. Madam Speaker, may I inquire as to the balance of time
on each side.
The SPEAKER pro tempore. The gentleman from Arkansas has 6\1/2\
minutes. The gentleman from Oregon has 2\1/2\ minutes.
Mr. DeFAZIO. Madam Speaker, I yield 1\1/2\ minutes to the gentleman
from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Madam Speaker, I appreciate the gentleman's courtesy
in permitting me to speak against the Republican approach with these
amendments.
It is a different world that we are operating in, in terms of climate
change, in terms of the facts. I bring you greetings from a community
that suffered a 116-degree temperature in June.
But I guess we can understand their being confused. These are the
same people who thought the rioters that attacked the Capitol were a
group of peaceful tourists. They are in an alternative universe.
Who are the groups and organizations that support this approach? Not
the engineers, not the truckers, not local government, not State
government, not environmentalists, not the bicyclists.
There is a wide array of interest groups that understand that this is
the future. This is an opportunity for us to actually compete with
China.
I was there 12 years ago and watched them weaponize our research,
leaping ahead in solar, wind, and electric vehicles. That is the future
that China has unless we reclaim it.
This visionary legislation, offered by the gentleman from Oregon and
his committee, helps us get back in the game. It is one that we can't
afford to lose. This approach will do it, and I applaud him for his
leadership in allowing us to move forward.
Mr. CRAWFORD. Madam Speaker, the gentleman's comments were
dangerously close to what I would consider disparaging, and I would
bring that to your attention.
Madam Speaker, I yield 2 minutes to the gentleman from Pennsylvania
(Mr. Perry).
Mr. PERRY. Madam Speaker, I thank the gentleman from Arkansas.
This en bloc includes my amendments to strike the EV funding program.
Do you know why? Because the EV funding program pays the Communist
Party of China. That is who it pays. You don't have to believe me. You
can just listen to the chairman. He said it in his remarks, right? That
is the future, and China is building it. That is where your money is
going.
My amendment also prohibits loans to high-speed rail projects that
fail to meet the FRA safety standards, our safety standards. We just
ask that they meet them. But since they don't, we shouldn't be building
them.
It strikes the carbon reduction program. Why? Because that, again,
pays the Communist Party of China. It prohibits Amtrak from expanding
their network because they can't afford the network they have now. You
don't believe me? Talk to Mr. Butterfield. He just talked about it.
It strikes the Capital Investment Grant program because all of
America shouldn't pay for a couple of pet projects in somebody's
location.
It strikes the section restricting the right of States to set their
speed limits because, I don't know, I think there should be a different
speed limit in Center City Philadelphia than one in Nebraska or across
Wyoming.
[[Page H3543]]
{time} 2000
Now, Madam Speaker, I am grateful to have some amendments finally
heard here, but this system is broken. The Speaker and the majority
have chosen a closed process that restricts debate.
Why have they done it?
Because they are scared to death of the radical green left. That is
what we are doing here is supporting the Green New Deal and Communist
China.
Mr. DeFAZIO. Madam Speaker, I yield 1 minute to the gentleman from
New Jersey (Mr. Payne), who is the Chair of the Railroads, Pipelines,
and Hazardous Materials Subcommittee.
Mr. PAYNE. Madam Speaker, to the gentleman on the right, I would like
to use a great quote from somebody who all of you loved over there:
``There you go again.''
Madam Speaker, as the chairman of the Subcommittee on Railroads,
Pipelines, and Hazardous Materials, I rise today in opposition to the
amendments offered en bloc, including the one offered by Mr. Perry that
would prohibit expansion of Amtrak service.
I strongly oppose the prohibition which would prevent Amtrak from
expanding their network across the country. Allowing Amtrak to expand
the national network will connect communities that have previously been
isolated and create new economic opportunities. It is vital that we add
new service to underserved cities and not just maintain the status quo.
Madam Speaker, I urge my colleagues to oppose the amendments offered
en bloc.
Mr. CRAWFORD. Madam Speaker, before I yield to my distinguished
colleague from North Carolina (Mr. Budd), it is my understanding that
we are to address our comments to the Chair and not to each other.
Madam Speaker, I yield 1\1/2\ minutes to the gentleman from North
Carolina (Mr. Budd).
Mr. BUDD. Madam Speaker, I thank my colleague from Arkansas for
yielding.
Madam Speaker, my amendment would re-implement a Federal Transit
Administration policy that ensured that Federal loans were not counted
towards State contributions for capital investment projects.
This is particularly important as the FTA considers the Gateway
project between New York and New Jersey. Secretary Buttigieg recently
made a verbal commitment to approve this project, but he has yet to
provide any details on the Federal share. If it mirrors the Obama
administration's plans, Federal taxpayers would be footing half of the
bill for this project while New York and New Jersey would cover the
rest. But the States are planning to cover most of their local share
with billions in Federal loans.
In essence, New York and New Jersey are demanding that taxpayers in
my State of North Carolina pay for their project.
My amendment makes sure that drivers in North Carolina are not overly
subsidizing potentially wasteful transit projects in New York, L.A.,
San Francisco, or Chicago.
Mr. CRAWFORD. Mr. Speaker, I yield 1 minute to the gentlewoman from
Texas (Ms. Van Duyne.)
Ms. VAN DUYNE. Mr. Speaker, I rise in support of this en bloc
amendment.
The American people overwhelmingly have been telling us that Congress
must pass an infrastructure bill which focuses on true infrastructure
and not superficial projects perpetuating frivolous spending. We have
crumbling roads and bridges on the verge of collapse across the
country, and my Democrat colleagues with a straight face are
prioritizing road art over actual roads.
This amendment would maintain the current probation on defining
infrastructure as art. It is, once again, clear where the priority of
the majority is, and it is not on transportation, roads, and bridges.
The fact that we even have to have this debate on this amendment
shows how out of touch some of my colleagues are. The INVEST in America
Act does little to streamline permitting and get relative costs in
order.
In California 40 percent of the cost of building a new home is
related to government fees. In Texas it is 20 percent. Mr. Speaker, you
can expect similar costs when it comes to other infrastructure
projects.
My amendment included in the en bloc ensures States, such as
California, can choose if they want to have exuberant costs--just not
at the cost of the Federal Government.
Mr. Speaker, this amendment would encourage States to right size
their permit costs and not award high-permit-cost States with a Federal
bailout, and I urge adoption.
Mr. CRAWFORD. Mr. Speaker, may I inquire as to how much time is
remaining.
The SPEAKER pro tempore (Mr. Mrvan). The gentleman from Arkansas has
3 minutes remaining.
Mr. CRAWFORD. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to urge a vote against this en bloc. This en bloc
contains 8 percent of the total amendments that Republicans were
allowed to offer in this process.
To me it is amazing that this bill prioritizes things like artwork in
rail terminals. I heard the chairman say earlier that, look, in Russia,
they have chandeliers hanging in their rail stations. So I am not sure
that we necessarily need to emulate Russian infrastructure,
particularly focusing our hard-earned taxpayer dollars on hanging
chandeliers and other artwork that the chairman categorizes as art
infrastructure. I don't consider art infrastructure. I don't think my
constituents would either.
Our infrastructure is crumbling. I live in a district that is
connected to Tennessee via the I-40 bridge, a glaring example of where
we need to be placing our infrastructure dollars. That bridge was shut
down just about 6 weeks ago for structural deficiencies.
Ironically, we have two bridges connecting Arkansas and Tennessee.
They are in Memphis and West Memphis, Arkansas. One bridge which was
built in 1969, we refer to it as the ``new bridge.'' That is how old it
is.
Thankfully, those structural defects were found in time. But the
majority is proposing to waste some of the billions of dollars on
infrastructure on art--and without any way to pay for it after sending
$70 billion to transit agencies over the last year to support them
through the pandemic. But now the majority thinks we should be allowing
these same agencies to divert Federal resources for art and that it is
okay to use that money for paintings and whatever else you might
consider.
If you vote against this amendment, your vote says that you believe
that art is infrastructure, Mr. Speaker, and that we should send
taxpayer dollars to support infrastructure dollars as art. It is as
simple as that.
Our limited transportation resources need to be invested in
rebuilding our communities' roads and bridges.
Mr. Speaker, I urge my colleagues to support this en bloc amendment
No. 3, and I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 504, the
previous question is ordered on the amendments en bloc offered by the
gentleman from Oregon (Mr. DeFazio).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. DeFAZIO. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 4 Offered by Mr. DeFazio of Oregon
Mr. DeFAZIO. Mr. Speaker, pursuant to House Resolution 508, I offer
amendments en bloc Number 4.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 4 consisting of amendment Nos. 7, 11, 12, 13,
14, 16, 17, 18, 19, 20, 22, 23, 24, 26, 27, 28, 29, 30, 33, 35, 36, 37,
38, 39, 42, 44, 46, 47, 48, 49, 54, 67, 85, 89, 92, 104, 113, and 115,
printed in House Report 117-75, offered by Mr. DeFazio of Oregon:
Amendment No. 7 Offered by Ms. Brownley of California
At the end of subtitle F of title I of division B, add the
following:
SEC. 1640. CLIMATE-SAFE INFRASTRUCTURE WORKING GROUP.
(a) Establishment.--Not later than 3 months after the date
of enactment of this
[[Page H3544]]
Act, the Secretary of Transportation shall establish a
working group, to be known as the ``Climate-Safe
Infrastructure Working Group'' (in this section referred to
as the ``Working Group''), to examine how to integrate
scientific data regarding the projected impacts and risks of
climate change into infrastructure planning, design,
engineering, construction, operation, and maintenance that is
funded by the Federal Government.
(b) Composition.--The Working Group shall consist of the
following:
(1) One or more representatives from each of the Federal
agencies that participate in the U.S. Global Change Research
Program.
(2) One or more representatives from the Department of the
Treasury.
(3) One or more professional engineers with relevant
expertise in infrastructure design.
(4) One or more scientists from the National Academy of
Sciences.
(5) One or more scientists, social scientists, and experts
from academic and research institutions who have expertise
in--
(A) climate change projections and impacts;
(B) engineering;
(C) architecture; or
(D) other relevant areas of expertise.
(6) One or more licensed architects with relevant expertise
in infrastructure design.
(7) One or more certified planners with relevant expertise
in climate change impacts.
(8) One or more representatives of State, local, and Tribal
governments.
(9) One or more representatives of environmental justice
groups.
(c) Duties.--The Working Group shall consider and examine,
at a minimum, the following matters:
(1) The current informational and institutional barriers to
integrating scientific data regarding the projected impacts
and risks of climate change into infrastructure planning,
design, engineering, construction, operation, and maintenance
that is funded by the Federal Government.
(2) The critical information needed by engineers, certified
planners, Federal, State, and local governments, and other
persons charged with infrastructure upgrades and maintenance
to better address the impacts and risks of climate change
over the lifetime of infrastructure projects.
(3) With respect to Federal investment and planning for
infrastructure, how to select an appropriate, adaptive
engineering design for a range of future climate scenarios.
(4) How to incentivize and incorporate transportation
systems thinking, considering how various transportation and
infrastructure projects are linked together in a metropolitan
region or community, into regional planning and engineering
design to ensure the social, economic, and environmental
benefits of transportation and infrastructure projects are
maximized.
(5) With respect to Federal investment and planning for
infrastructure, how to take account of the risks of cascading
infrastructure failures and develop more holistic and
equitable approaches to evaluating and mitigating risks of
climate change.
(6) How to ensure that Federal investments in
infrastructure resilience benefit all communities, including
communities of color, low-income communities, Tribal
communities, and other communities that face a
disproportionate risk from climate change and may have
experienced long-standing unmet needs and underinvestment in
critical infrastructure.
(7) How Federal agencies can track and monitor federally-
funded climate resilient infrastructure in a coordinated
fashion to--
(A) help build an understanding of the costs and benefits
of climate resilient infrastructure;
(B) build the capacity for climate resilient
infrastructure; and
(C) plan for investments for the future.
(d) Coordination and Considerations.--In carrying out its
duties, the Working Group shall--
(1) coordinate with other Federal climate change adaptation
planning efforts and strategies that advance reliability and
safety in infrastructure, including the Mitigation Framework
Leadership Group and the National Mitigation Investment
Strategy; and
(2) consider and build upon existing information relating
to climate change, including information from the most recent
National Climate Assessment.
(e) Public Input.--In carrying out its duties, the Working
Group shall, prior to submission of a draft report under
subsection (f), engage in a public stakeholder process by--
(1) holding regional public meetings with key stakeholders,
including climate experts, infrastructure experts, State,
local, and community groups, and infrastructure finance and
insurance experts; and
(2) providing the public an opportunity to provide views,
for a period of at least 60 days, to the Working Group
regarding the best way to incorporate scientific data
regarding the projected impacts and risks of climate change
into infrastructure planning, design, engineering,
construction, operation, and maintenance that is funded by
the Federal Government.
(f) Preliminary Recommendations.--
(1) Submission.--Not later than 1 year after the date of
enactment of this Act, the Working Group shall submit to the
President and Congress a draft report that includes
preliminary recommendations addressing the each of the
matters described in subsection (c).
(2) Public comment.--The Working Group shall make draft
report submitted under paragraph (1) available to the public
for comment for a period of not less than 60 days prior to
submission of the final report under subsection (g).
(g) Final Recommendations.--Not later than 2 years after
the date of enactment of this Act, the Working Group shall
submit to the President and Congress a final report that
includes recommendations--
(1) addressing each of the matters described in subsection
(c);
(2) addressing critical information gaps and challenges
identified by the Working Group;
(3) for financing options for Federal, State, local,
Tribal, and territorial governments to help fund climate-
resilient infrastructure;
(4) for a platform or process to facilitate communication
between climate scientists, infrastructure planners,
engineers, and other relevant experts;
(5) for a stakeholder process--
(A) to engage with representatives of State, local, Tribal,
territorial, and community groups regarding the specific
challenges and inequities faced by historically marginalized
communities; and
(B) to provide outreach and education, shared knowledge,
and lessons learned about climate-resilient infrastructure;
and
(6) for a platform for tracking Federal funding of climate-
resilient infrastructure.
Amendment No. 11 Offered by Mr. Carbajal of California
At the end of subtitle C of title I of division B of the
bill, add the following:
SEC. 1313. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND
HIGHWAY RIGHTS-OF-WAY.
(a) In General.--Section 329 of title 23, United States
Code, is amended by adding at the end the following:
``(d) Pollinator-friendly Practices on Roadsides and
Highway Rights-of-way.--
``(1) In general.--The Secretary shall establish a program
to provide grants to eligible entities to carry out
activities to benefit pollinators on roadsides and highway
rights-of-way, including the planting and seeding of native
locally-appropriate grasses and wildflowers, including
milkweed.
``(2) Eligible entities.--An entity eligible to receive a
grant under this subsection is--
``(A) a State department of transportation;
``(B) an Indian tribe or tribal organization;
``(C) a territory; or
``(D) a Federal land management agency.
``(3) Application.--To be eligible to receive a grant under
this section, an eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including a pollinator-friendly practices plan described in
paragraph (4).
``(4) Pollinator-friendly practices plan.--
``(A) In general.--An eligible entity shall include in the
application under paragraph (3) a plan that describes the
pollinator-friendly practices that the eligible entity has
implemented or plans to implement, including--
``(i) practices relating to mowing strategies that promote
early successional vegetation and limit disturbance during
periods of highest use by target pollinator species on
roadsides and highway rights-of-way, such as--
``(I) reducing the mowing swath outside of the State-
designated safety zone;
``(II) increasing the mowing height;
``(III) reducing the mowing frequency;
``(IV) refraining from mowing monarch and other pollinator
habitat during periods in which monarchs or other pollinators
are present;
``(V) use of a flushing bar and cutting at reduced speeds
to reduce pollinator deaths due to mowing; or
``(VI) reducing raking along roadsides and highway rights-
of-way;
``(ii) implementation of an integrated vegetation
management plan that includes approaches such as mechanical
tree and brush removal, targeted and judicious use of
herbicides, and mowing, to address weed issues on roadsides
and highway rights-of-way;
``(iii) planting or seeding of native, locally-appropriate
grasses and wildflowers, including milkweed, on roadsides and
highway rights-of-way to enhance pollinator habitat,
including larval host plants;
``(iv) removing nonnative grasses from planting and seeding
mixes, except for use as nurse or cover crops;
``(v) obtaining expert training or assistance on
pollinator-friendly practices, including--
``(I) native plant identification;
``(II) establishment and management of locally-appropriate
or native plants that benefit pollinators;
``(III) land management practices that benefit pollinators;
and
``(IV) pollinator-focused integrated vegetation management;
or
``(vi) any other pollinator-friendly or vegetation
management practices the Secretary determines to be
appropriate.
``(B) Consideration.--In developing the plan under
subparagraph (A), the eligible entity shall consider other
vegetation management best management practices established
by the Secretary, including--
``(i) fuel breaks for the prevention and control of
wildfires;
``(ii) abating stormwater runoff and stabilizing soil;
``(iii) habitat for forage for native fauna; and
[[Page H3545]]
``(iv) the economy of maintenance of the right-of-way.
``(C) Coordination.--In developing a plan under
subparagraph (A), an eligible entity that is a State
department of transportation or a Federal land management
agency shall coordinate with applicable State agencies,
including State agencies with jurisdiction over agriculture
and fish and wildlife.
``(D) Consultation.--In developing a plan under
subparagraph (A)--
``(i) an eligible entity that is a State department of
transportation or a Federal land management agency shall
consult with any affected Indian tribes or tribal
organizations; and
``(ii) any eligible entity may consult with nonprofit
organizations, institutions of higher education, units of
local government, or any other relevant entities.
``(5) Award of grants.--
``(A) In general.--The Secretary shall provide a grant to
each eligible entity that submits an application under
paragraph (3), including a plan under paragraph (4), that the
Secretary determines to be satisfactory.
``(B) Amount of grants.--The amount of each grant provided
under this subsection may not exceed $150,000.
``(6) Use of funds.--An eligible entity that receives a
grant under this subsection shall use the funds for the
implementation, improvement, or further development of the
plan under paragraph (4).
``(7) Federal share.--The Federal share of the cost of an
activity carried out with a grant under this subsection shall
be up to 80 percent.
``(8) Technical assistance.--On request of an eligible
entity that receives a grant under this subsection, the
Secretary may provide technical assistance with the
implementation, improvement, or further development of a plan
under paragraph (4).
``(9) Administrative costs.--For each fiscal year, the
Secretary may use not more than 5 percent of the amounts made
available to carry out this subsection for the administrative
costs of carrying out this subsection.
``(10) Authorization of appropriations.--
``(A) In general.--There is authorized to be appropriated
from the general fund of the Treasury to carry out this
subsection $2,000,000 for each of fiscal years 2023 through
2026.
``(B) Availability.--Amounts made available under this
subsection shall remain available as described under section
118(b).
``(e) Best Practices and Guidance.--
``(1) In general.--Not later than 1 year after the date of
enactment of the INVEST in America Act, and periodically
thereafter, the Secretary shall develop or update best
practices for, and a priority ranking of, pollinator-friendly
practices on roadsides and highway rights-of-way.
``(2) Guidance.--The Secretary shall provide guidance on
sources of funds made available under this title that are
eligible for activities described under this section,
including any best management practices identified under
paragraph (1) that are eligible for funding under this
title.''.
(b) Report.--Not later than 2 years after the date on which
the first grant is provided under section 329(d) of title 23,
United States Code, as added by this Act, the Secretary shall
publish a report on the implementation of the program under
such section.
Amendment No. 12 Offered by Mr. Carbajal of California
Page 932, line 5, strike ``and'' at the end.
Page 932, line 8, strike the period at the end and insert
``; and''.
Page 932, after line 8, insert the following:
(6) evaluate the feasibility and benefits of requiring
States participating in the program established under section
403(j) of title 23, United States Code, as added by this Act,
to collect data on pedestrian and bicyclist stops by law
enforcement when the stop is made for a traffic law
violation.
Amendment No. 13 Offered by Mr. Carbajal of California
Page 909, strike line 17 and insert the following:
(a) In General.--Section 5310 of title 49, United States
Code, as
Page 917, after line 16, insert the following:
(b) Study.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study, and submit a report on such
study to Congress, on access to non-emergency medical
transportation services for individuals in disadvantaged
populations, including--
(1) how to make it easier for such individuals to use non-
emergency medical transportation services; and
(2) how to make it easier for recipients of grants under
section 5310(k) of title 49, United States Code, as added by
this section, to coordinate non-emergency medical
transportation services for such individuals.
amendment no. 14 offered by mr. carbajal of california
Page 934, strike lines 16 through 25 and insert the
following:
``(2) Use of grant funds.--A grant received by a State
under paragraph (1)--
``(A) shall be used by the State for the costs of--
``(i) collecting and maintaining data on traffic stops;
``(ii) evaluating the results of such data; and
``(iii) developing and implementing programs to reduce the
occurrence of racial profiling.; and
``(B) may be used by the State for the costs of collecting,
maintaining, and evaluating data on traffic-related stops of
pedestrians, bicyclists, or people traveling via
micromobility devices.' '''.
amendment no. 16 offered by ms. castor of florida
Page 389, strike line 4 and insert ``and inserting a
semicolon; and''.
Page 389, line 8, strike the period through the semicolon
and insert ``; or''.
Page 389, after line 8, insert the following:
``(11) if the project or program is for the point-of-sale
purchase of zero-emission medium- and heavy-duty vehicles or
related zero-emission operations equipment, or supports
battery electric charging or fuel cell electric refueling
infrastructure and related equipment for medium- and heavy-
duty vehicles in projects or programs such as depot
infrastructure and infrastructure along routes servicing
regional freight hubs.''.
amendment no. 17 offered by ms. castor of florida
Page 389, strike line 4 and insert ``and inserting a
semicolon; and''.
Page 389, line 8, strike the period through the semicolon
and insert ``; or''.
Page 389, after line 8, insert the following:
``(11) if the project or program of projects involves the
deployment of hyperlocal air quality mobile monitoring
systems primarily to monitor transportation-related
emissions.'';
Page 390, line 24, strike the closing quotation marks and
the second period.
Page 390, after line 24, insert the following:
``(n) Hyperlocal Air Quality Mobile Monitoring Systems
Defined.--In this section, the term `hyperlocal air quality
mobile monitoring systems' means a method of monitoring and
mapping ambient air quality and greenhouse gases and
detecting the presence of pollutants using mobile vehicles
that yields frequently repeated, on-going measurements of
pollutants and greenhouse gases at a block-level resolution
and identifies hotspots of persistent elevated levels of
pollutants and greenhouse gases.''.
amendment no. 18 offered by mr. castro of texas
At the end of division A of the bill, add the following:
SEC. ___. REPORT ON PROGRESS OF DBE PROGRAM.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
of Transportation shall submit to Congress a report on the
disadvantaged business enterprises program carried out by the
Department of Transportation pursuant to section 1101(c) of
this division.
(b) Contents.--The report required under subsection (a)
shall include, at a minimum, the percentage and dollar amount
of Federal funds paid to small business concerns owned and
controlled by socially and economically disadvantaged
individuals in the prior fiscal year for each State and
territory of the United States.
(c) Definitions.--The terms ``small business concern'' and
``socially and economically disadvantaged individuals'' have
the meanings given such terms in section 1101(c)(2).
amendment no. 19 offered by mr. cicilline of rhode island
Page 188, after line 8, insert the following (and
redesignate the subsequent subsections accordingly):
(b) Authorization for National Scenic Byways.--There is
authorized to be appropriated out of the general fund of the
Treasury $39,000,000 for each of fiscal years 2023 through
2026 to carry out section 162 of title 23, United States
Code.
amendment no. 20 offered by mr. costa of california
Page 1255, line 13, insert ``, including through advance
mitigation'' after ``environmental impacts''.
amendment no. 22 offered by mr. crow of colorado
Page 452, line 10, strike ``shall consider'' and insert
``shall consider, as appropriate''.
Page 453, strike lines 13 through 15 and insert the
following:
``(VI) the need for--
``(aa) publicly available electric vehicle charging
infrastructure in rural corridors;
``(bb) equitable deployment of electric vehicle charging
infrastructure in underserved or disadvantaged communities;
``(cc) vehicle charging infrastructure that is easily
accessible to residents of public or affordable housing and
multi-unit dwellings; and
``(dd) consideration of the beneficial health impacts of
installing electric vehicle charging infrastructure in
densely populated communities with high rates of poverty, air
pollution, and asthma;
Page 456, line 25, strike ``rural areas'' and insert
``rural areas and underserved or disadvantaged communities''.
Amendment No. 23 Offered by Mrs. Dingell of Michigan
At the end, add the following:
DIVISION ___--CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR
SEC. ___. CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR.
Title XVI of the Energy Policy Act of 2005 (Public Law 109-
58, as amended) is amended
[[Page H3546]]
by adding at the end the following new subtitle:
``Subtitle C--Clean Energy and Sustainability Accelerator
``SEC. 1621. DEFINITIONS.
``In this subtitle:
``(1) Accelerator.--The term `Accelerator' means the Clean
Energy and Sustainability Accelerator established under
section 1622.
``(2) Board.--The term `Board' means the Board of Directors
of the Accelerator.
``(3) Chief executive officer.--The term `chief executive
officer' means the chief executive officer of the
Accelerator.
``(4) Climate-impacted communities.--The term `climate-
impacted communities' includes--
``(A) communities of color, which include any
geographically distinct area the population of color of which
is higher than the average population of color of the State
in which the community is located;
``(B) communities that are already or are likely to be the
first communities to feel the direct negative effects of
climate change;
``(C) distressed neighborhoods, demonstrated by indicators
of need, including poverty, childhood obesity rates, academic
failure, and rates of juvenile delinquency, adjudication, or
incarceration;
``(D) low-income communities, defined as any census block
group in which 30 percent or more of the population are
individuals with low income;
``(E) low-income households, defined as a household with
annual income equal to, or less than, the greater of--
``(i) an amount equal to 80 percent of the median income of
the area in which the household is located, as reported by
the Department of Housing and Urban Development; and
``(ii) 200 percent of the Federal poverty line;
``(F) Tribal communities;
``(G) persistent poverty counties, defined as any county
that has had a poverty rate of 20 percent or more for the
past 30 years as measured by the 2000, 2010, and 2020
decennial censuses;
``(H) communities disproportionately affected by
environmental pollution and other hazards that can lead to
negative public health effects; and
``(I) communities that are economically reliant on fossil
fuel-based industries.
``(5) Climate resilient infrastructure.--The term `climate
resilient infrastructure' means any project that builds or
enhances infrastructure so that such infrastructure--
``(A) is planned, designed, and operated in a way that
anticipates, prepares for, and adapts to changing climate
conditions; and
``(B) can withstand, respond to, and recover rapidly from
disruptions caused by these climate conditions.
``(6) Electrification.--The term `electrification' means
the installation, construction, or use of end-use electric
technology that replaces existing fossil-fuel-based
technology.
``(7) Energy efficiency.--The term `energy efficiency'
means any project, technology, function, or measure that
results in the reduction of energy use required to achieve
the same level of service or output prior to the application
of such project, technology, function, or measure, or
substantially reduces greenhouse gas emissions relative to
emissions that would have occurred prior to the application
of such project, technology, function, or measure.
``(8) Fuel switching.--The term `fuel switching' means any
project that replaces a fossil-fuel-based heating system with
an electric-powered system or one powered by biomass-
generated heat.
``(9) Green bank.--The term `green bank' means a dedicated
public or nonprofit specialized finance entity that--
``(A) is designed to drive private capital into market gaps
for low- and zero-emission goods and services;
``(B) uses finance tools to mitigate climate change;
``(C) does not take deposits;
``(D) is funded by government, public, private, or
charitable contributions; and
``(E) invests or finances projects--
``(i) alone; or
``(ii) in conjunction with other investors.
``(10) Qualified projects.--The terms `qualified projects'
means the following kinds of technologies and activities that
are eligible for financing and investment from the Clean
Energy and Sustainability Accelerator, either directly or
through State, Territorial, and local green banks funded by
the Clean Energy and Sustainability Accelerator:
``(A) Renewable energy generation, including the following:
``(i) Solar.
``(ii) Wind.
``(iii) Geothermal.
``(iv) Hydropower.
``(v) Ocean and hydrokinetic.
``(vi) Fuel cell.
``(B) Building energy efficiency, fuel switching, and
electrification.
``(C) Industrial decarbonization.
``(D) Grid technology such as transmission, distribution,
and storage to support clean energy distribution, including
smart-grid applications.
``(E) Agriculture and forestry projects that reduce net
greenhouse gas emissions.
``(F) Clean transportation, including the following:
``(i) Battery electric vehicles.
``(ii) Plug-in hybrid electric vehicles.
``(iii) Hydrogen vehicles.
``(iv) Other zero-emissions fueled vehicles.
``(v) Related vehicle charging and fueling infrastructure.
``(G) Climate resilient infrastructure.
``(H) Any other key areas identified by the Board as
consistent with the mandate of the Accelerator as described
in section 1623.
``(11) Renewable energy generation.--The term `renewable
energy generation' means electricity created by sources that
are continually replenished by nature, such as the sun, wind,
and water.
``SEC. 1622. ESTABLISHMENT.
``(a) In General.--Not later than 1 year after the date of
enactment of this subtitle, there shall be established a
nonprofit corporation to be known as the Clean Energy and
Sustainability Accelerator.
``(b) Limitation.--The Accelerator shall not be an agency
or instrumentality of the Federal Government.
``(c) Full Faith and Credit.--The full faith and credit of
the United States shall not extend to the Accelerator.
``(d) Nonprofit Status.--The Accelerator shall maintain its
status as an organization exempt from taxation under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
``SEC. 1623. MANDATE.
``The Accelerator shall make the United States a world
leader in combating the causes and effects of climate change
through the rapid deployment of mature technologies and
scaling of new technologies by maximizing the reduction of
emissions in the United States for every dollar deployed by
the Accelerator, including by--
``(1) providing financing support for investments in the
United States in low- and zero-emissions technologies and
processes in order to rapidly accelerate market penetration;
``(2) catalyzing and mobilizing private capital through
Federal investment and supporting a more robust marketplace
for clean technologies, while avoiding competition with
private investment;
``(3) enabling climate-impacted communities to benefit from
and afford projects and investments that reduce emissions;
``(4) providing support for workers and communities
impacted by the transition to a low-carbon economy;
``(5) supporting the creation of green banks within the
United States where green banks do not exist; and
``(6) causing the rapid transition to a clean energy
economy without raising energy costs to end users and seeking
to lower costs where possible.
``SEC. 1624. FINANCE AND INVESTMENT DIVISION.
``(a) In General.--There shall be within the Accelerator a
finance and investment division, which shall be responsible
for--
``(1) the Accelerator's greenhouse gas emissions mitigation
efforts by directly financing qualifying projects or doing so
indirectly by providing capital to State, Territorial, and
local green banks;
``(2) originating, evaluating, underwriting, and closing
the Accelerator's financing and investment transactions in
qualified projects;
``(3) partnering with private capital providers and capital
markets to attract coinvestment from private banks,
investors, and others in order to drive new investment into
underpenetrated markets, to increase the efficiency of
private capital markets with respect to investing in
greenhouse gas reduction projects, and to increase total
investment caused by the Accelerator;
``(4) managing the Accelerator's portfolio of assets to
ensure performance and monitor risk;
``(5) ensuring appropriate debt and risk mitigation
products are offered; and
``(6) overseeing prudent, noncontrolling equity
investments.
``(b) Products and Investment Types.--The finance and
investment division of the Accelerator may provide capital to
qualified projects in the form of--
``(1) senior, mezzanine, and subordinated debt;
``(2) credit enhancements including loan loss reserves and
loan guarantees;
``(3) aggregation and warehousing;
``(4) equity capital; and
``(5) any other financial product approved by the Board.
``(c) State, Territorial, and Local Green Bank
Capitalization.--The finance and investment division of the
Accelerator shall make capital available to State,
Territorial, and local green banks to enable such banks to
finance qualifying projects in their markets that are better
served by a locally based entity, rather than through direct
investment by the Accelerator.
``(d) Investment Committee.--The debt, risk mitigation, and
equity investments made by the Accelerator shall be--
``(1) approved by the investment committee of the Board;
and
``(2) consistent with an investment policy that has been
established by the investment committee of the Board in
consultation with the risk management committee of the Board.
``SEC. 1625. START-UP DIVISION.
``There shall be within the Accelerator a Start-up
Division, which shall be responsible for providing technical
assistance and start-up funding to States and other political
subdivisions that do not have green banks to establish green
banks in those States and political subdivisions, including
by working with relevant stakeholders in those States and
political subdivisions.
[[Page H3547]]
``SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRASTRUCTURE
FINANCING PROGRAM.
``Not later than 1 year after the date of establishment of
the Accelerator, the Accelerator shall explore the
establishment of a program to provide low- and zero-interest
loans, up to 30 years in length, to any school, metropolitan
planning organization, or nonprofit organization seeking
financing for the acquisition of zero-emissions vehicle
fleets or associated infrastructure to support zero-emissions
vehicle fleets.
``SEC. 1627. PROJECT PRIORITIZATION AND REQUIREMENTS.
``(a) Emissions Reduction Mandate.--In investing in
projects that mitigate greenhouse gas emissions, the
Accelerator shall maximize the reduction of emissions in the
United States for every dollar deployed by the Accelerator.
``(b) Environmental Justice Prioritization.--
``(1) In general.--In order to address environmental
justice needs, the Accelerator shall, as applicable,
prioritize the provision of program benefits and investment
activity that are expected to directly or indirectly result
in the deployment of projects to serve, as a matter of
official policy, climate-impacted communities.
``(2) Minimum percentage.--The Accelerator shall ensure
that over the 30-year period of its charter 40 percent of its
investment activity is directed to serve climate-impacted
communities.
``(c) Consumer Protection.--
``(1) Prioritization.--Consistent with the mandate under
section 1623 to maximize the reduction of emissions in the
United States for every dollar deployed by the Accelerator,
the Accelerator shall prioritize qualified projects according
to benefits conferred on consumers and affected communities.
``(2) Consumer credit protection.--The Accelerator shall
ensure that any residential energy efficiency or distributed
clean energy project in which the Accelerator invests
directly or indirectly complies with the requirements of the
Consumer Credit Protection Act (15 U.S.C. 1601 et seq.),
including, in the case of a financial product that is a
residential mortgage loan, any requirements of title I of
that Act relating to residential mortgage loans (including
any regulations promulgated by the Bureau of Consumer
Financial Protection under section 129C(b)(3)(C) of that Act
(15 U.S.C. 1639c(b)(3)(C))).
``(d) Labor.--
``(1) In general.--The Accelerator shall ensure that
laborers and mechanics employed by contractors and
subcontractors in construction work financed directly by the
Accelerator will be paid wages not less than those prevailing
on similar construction in the locality, as determined by the
Secretary of Labor under sections 3141 through 3144, 3146,
and 3147 of title 40, United States Code.
``(2) Project labor agreement.--The Accelerator shall
ensure that projects financed directly by the Accelerator
with total capital costs of $100,000,000 or greater utilize a
project labor agreement.
``SEC. 1628. EXPLORATION OF ACCELERATED CLEAN ENERGY
TRANSITION PROGRAM.
``Not later than 1 year after the date on which the
Accelerator is established, the Board shall explore the
establishment of an accelerated clean energy transition
program--
``(1) to expedite the transition within the power sector to
zero-emissions power generation facilities or assets; and
``(2) to simultaneously invest in local economic
development in communities affected by this transition away
from carbon-intensive facilities or assets.
``SEC. 1629. BOARD OF DIRECTORS.
``(a) In General.--The Accelerator shall operate under the
direction of a Board of Directors, which shall be composed of
7 members.
``(b) Initial Composition and Terms.--
``(1) Selection.--The initial members of the Board shall be
selected as follows:
``(A) Appointed members.--Three members shall be appointed
by the President, with the advice and consent of the Senate,
of whom no more than two shall belong to the same political
party.
``(B) Elected members.--Four members shall be elected
unanimously by the 3 members appointed and confirmed pursuant
to subparagraph (A).
``(2) Terms.--The terms of the initial members of the Board
shall be as follows:
``(A) The 3 members appointed and confirmed under paragraph
(1)(A) shall have initial 5-year terms.
``(B) Of the 4 members elected under paragraph (1)(B), 2
shall have initial 3-year terms, and 2 shall have initial 4-
year terms.
``(c) Subsequent Composition and Terms.--
``(1) Selection.--Except for the selection of the initial
members of the Board for their initial terms under subsection
(b), the members of the Board shall be elected by the members
of the Board.
``(2) Disqualification.--A member of the Board shall be
disqualified from voting for any position on the Board for
which such member is a candidate.
``(3) Terms.--All members elected pursuant to paragraph (1)
shall have a term of 5 years.
``(d) Qualifications.--The members of the Board shall
collectively have expertise in--
``(1) the fields of clean energy, electric utilities,
industrial decarbonization, clean transportation, resiliency,
and agriculture and forestry practices;
``(2) climate change science;
``(3) finance and investments; and
``(4) environmental justice and matters related to the
energy and environmental needs of climate-impacted
communities.
``(e) Restriction on Membership.--No officer or employee of
the Federal or any other level of government may be appointed
or elected as a member of the Board.
``(f) Quorum.--Five members of the Board shall constitute a
quorum.
``(g) Bylaws.--
``(1) In general.--The Board shall adopt, and may amend,
such bylaws as are necessary for the proper management and
functioning of the Accelerator.
``(2) Officers.--In the bylaws described in paragraph (1),
the Board shall--
``(A) designate the officers of the Accelerator; and
``(B) prescribe the duties of those officers.
``(h) Vacancies.--Any vacancy on the Board shall be filled
through election by the Board.
``(i) Interim Appointments.--A member elected to fill a
vacancy occurring before the expiration of the term for which
the predecessor of that member was appointed or elected shall
serve for the remainder of the term for which the predecessor
of that member was appointed or elected.
``(j) Reappointment.--A member of the Board may be elected
for not more than 1 additional term of service as a member of
the Board.
``(k) Continuation of Service.--A member of the Board whose
term has expired may continue to serve on the Board until the
date on which a successor member is elected.
``(l) Chief Executive Officer.--The Board shall appoint a
chief executive officer who shall be responsible for--
``(1) hiring employees of the Accelerator;
``(2) establishing the 2 divisions of the Accelerator
described in sections 1624 and 1625; and
``(3) performing any other tasks necessary for the day-to-
day operations of the Accelerator.
``(m) Advisory Committee.--
``(1) Establishment.--The Accelerator shall establish an
advisory committee (in this subsection referred to as the
`advisory committee'), which shall be composed of not more
than 13 members appointed by the Board on the recommendation
of the president of the Accelerator.
``(2) Members.--Members of the advisory committee shall be
broadly representative of interests concerned with the
environment, production, commerce, finance, agriculture,
forestry, labor, services, and State Government. Of such
members--
``(A) not fewer than 3 shall be representatives of the
small business community;
``(B) not fewer than 2 shall be representatives of the
labor community, except that no 2 members may be from the
same labor union;
``(C) not fewer than 2 shall be representatives of the
environmental nongovernmental organization community, except
that no 2 members may be from the same environmental
organization;
``(D) not fewer than 2 shall be representatives of the
environmental justice nongovernmental organization community,
except that no 2 members may be from the same environmental
organization;
``(E) not fewer than 2 shall be representatives of the
consumer protection and fair lending community, except that
no 2 members may be from the same consumer protection or fair
lending organization; and
``(F) not fewer than 2 shall be representatives of the
financial services industry with knowledge of and experience
in financing transactions for clean energy and other
sustainable infrastructure assets.
``(3) Meetings.--The advisory committee shall meet not less
frequently than once each quarter.
``(4) Duties.--The advisory committee shall--
``(A) advise the Accelerator on the programs undertaken by
the Accelerator; and
``(B) submit to the Congress an annual report with comments
from the advisory committee on the extent to which the
Accelerator is meeting the mandate described in section 1623,
including any suggestions for improvement.
``(n) Chief Risk Officer.--
``(1) Appointment.--Subject to the approval of the Board,
the chief executive officer shall appoint a chief risk
officer from among individuals with experience at a senior
level in financial risk management, who--
``(A) shall report directly to the Board; and
``(B) shall be removable only by a majority vote of the
Board.
``(2) Duties.--The chief risk officer, in coordination with
the risk management and audit committees established under
section 1632, shall develop, implement, and manage a
comprehensive process for identifying, assessing, monitoring,
and limiting risks to the Accelerator, including the overall
portfolio diversification of the Accelerator.
``SEC. 1630. ADMINISTRATION.
``(a) Capitalization.--
``(1) In general.--To the extent and in the amounts
provided in advance in appropriations Acts, the Secretary of
Energy shall transfer to the Accelerator--
``(A) $50,000,000,000 on the date on which the Accelerator
is established under section 1622; and
``(B) $10,000,000,000 on October 1 of each of the 5 fiscal
years following that date.
[[Page H3548]]
``(2) Authorization of appropriations.--For purposes of the
transfers under paragraph (1), there are authorized to be
appropriated such sums as may be necessary.
``(b) Charter.--The Accelerator shall establish a charter,
the term of which shall be 30 years.
``(c) Use of Funds and Recycling.--To the extent and in the
amounts provided in advance in appropriations Acts, the
Accelerator--
``(1) may use funds transferred pursuant to subsection
(a)(1) to carry out this subtitle, including for operating
expenses; and
``(2) shall retain and manage all repayments and other
revenue received under this subtitle from financing fees,
interest, repaid loans, and other types of funding to carry
out this subtitle, including for--
``(A) operating expenses; and
``(B) recycling such payments and other revenue for future
lending and capital deployment in accordance with this
subtitle.
``(d) Report.--The Accelerator shall submit on a quarterly
basis to the relevant committees of Congress a report that
describes the financial activities, emissions reductions, and
private capital mobilization metrics of the Accelerator for
the previous quarter.
``(e) Restriction.--The Accelerator shall not accept
deposits.
``(f) Committees.--The Board shall establish committees and
subcommittees, including--
``(1) an investment committee; and
``(2) in accordance with section 1631--
``(A) a risk management committee; and
``(B) an audit committee.
``SEC. 1631. ESTABLISHMENT OF RISK MANAGEMENT COMMITTEE AND
AUDIT COMMITTEE.
``(a) In General.--To assist the Board in fulfilling the
duties and responsibilities of the Board under this subtitle,
the Board shall establish a risk management committee and an
audit committee.
``(b) Duties and Responsibilities of Risk Management
Committee.--Subject to the direction of the Board, the risk
management committee established under subsection (a) shall
establish policies for and have oversight responsibility
for--
``(1) formulating the risk management policies of the
operations of the Accelerator;
``(2) reviewing and providing guidance on operation of the
global risk management framework of the Accelerator;
``(3) developing policies for--
``(A) investment;
``(B) enterprise risk management;
``(C) monitoring; and
``(D) management of strategic, reputational, regulatory,
operational, developmental, environmental, social, and
financial risks; and
``(4) developing the risk profile of the Accelerator,
including--
``(A) a risk management and compliance framework; and
``(B) a governance structure to support that framework.
``(c) Duties and Responsibilities of Audit Committee.--
Subject to the direction of the Board, the audit committee
established under subsection (a) shall have oversight
responsibility for--
``(1) the integrity of--
``(A) the financial reporting of the Accelerator; and
``(B) the systems of internal controls regarding finance
and accounting;
``(2) the integrity of the financial statements of the
Accelerator;
``(3) the performance of the internal audit function of the
Accelerator; and
``(4) compliance with the legal and regulatory requirements
related to the finances of the Accelerator.
``SEC. 1632. OVERSIGHT.
``(a) External Oversight.--The inspector general of the
Department of Energy shall have oversight responsibilities
over the Accelerator.
``(b) Reports and Audit.--
``(1) Annual report.--The Accelerator shall publish an
annual report which shall be transmitted by the Accelerator
to the President and the Congress.
``(2) Annual audit of accounts.--The accounts of the
Accelerator shall be audited annually. Such audits shall be
conducted in accordance with generally accepted auditing
standards by independent certified public accountants who are
certified by a regulatory authority of the jurisdiction in
which the audit is undertaken.
``(3) Additional audits.--In addition to the annual audits
under paragraph (2), the financial transactions of the
Accelerator for any fiscal year during which Federal funds
are available to finance any portion of its operations may be
audited by the Government Accountability Office in accordance
with such rules and regulations as may be prescribed by the
Comptroller General of the United States.''.
amendment no. 24 offered by ms. dingell of michigan
Page 1508, after line 13, insert the following:
SEC. 10109. SENSE OF HOUSE OF REPRESENTATIVES ON REGULATORY
FRAMEWORK FOR AUTONOMOUS VEHICLES.
It is the sense of the House of Representatives that
Congress, in broad consultation with labor, safety groups,
industry, and other stakeholders, should begin establishing a
Federal regulatory framework for the safe deployment of
autonomous vehicles nationwide that will support existing
jobs and grow the United States workforce of the future,
including good union jobs, keep the United States on the
forefront of this technology, and keep the United States
competitive around the globe.
amendment no. 26 offered by ms. escobar of texas
Page 439, after line 5, insert the following (and
redesignate the subsequent paragraph accordingly):
``(3) Investments in colonias.--
``(A) In general.--Of the grants made available under this
section, for fiscal years 2023 through 2026, a total of not
less than $20,000,000 shall be made available to provide
grants that improve the safety, state of good repair, or
connectivity of surface transportation infrastructure
eligible under this section in and providing access to,
colonias.
``(B) Rural and community set asides.--Funds made available
under this section in areas described in paragraphs (1)(A) or
(1)(B) shall count toward the set aside described in the
applicable paragraph.
``(C) Colonia defined.--In this subsection, the term
`colonia' means any identifiable community that--
``(i) is in the State of Arizona, California, New Mexico,
or Texas;
``(ii) is in the area of the United States within 150 miles
of the border between the United States and Mexico, except
that the term does not include any standard metropolitan
statistical area that has a population exceeding 1,000,000;
and
``(iii) is determined to be a colonia on the basis of
objective criteria, including lack of potable water supply,
lack of adequate sewage systems, and lack of decent, safe,
and sanitary housing.
Page 492, strike line 14 and all that follows through page
493, line 15 (and redesignate the subsequent subsections
accordingly).
amendment no. 27 offered by ms. escobar of texas
Page 493, after line 15, insert the following:
(3) Study.--Not later than 18 months 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 a study on the
infrastructure needs of colonias.
amendment no. 28 offered by ms. escobar of texas
At the end of subtitle B of title I of division B of the
bill, insert the following:
SEC. 1220. FUNDING FOR BORDER INFRASTRUCTURE.
Section 1437(a) of the FAST Act (23 U.S.C. 101 note) is
amended by striking ``5 percent'' and inserting ``7
percent''.
amendment no. 29 offered by ms. eshoo of california
Page 452, after line 22, insert the following (and
redesignate accordingly):
``(III) meeting current and anticipated market demands for
charging or fueling infrastructure, including with regard to
power levels and charging speed, and minimizing the time to
charge or refuel current and anticipated vehicles;
amendment no. 30 offered by mr. espaillat of new york
Page 465, line 7, insert ``and units of local government''
before ``based on''.
Page 465, line 15, insert ``, where applicable'' after
``consider''.
Page 465, line 22, insert ``or unit of local government''
after ``planning area''.
Page 465, line 24, insert ``, the metropolitan planning
organization,'' after ``local governments''.
Page 465, beginning on line 25, strike ``metropolitan
planning''.
Page 467, line 11, strike ``and''.
Page 467, after line 11, insert the following (and
redesignate the subsequent subparagraph accordingly):
(G) if the applicant is a unit of local government, whether
the applicable metropolitan planning organization has been
designated as a direct recipient; and
Page 469, line 11, insert ``or 148'' after ``section
133(b)''.
Page 469, line 16, insert ``for each fiscal year'' after
``$5,000,000''.
Page 470, line 18, insert ``or unit of local government''
after ``planning organization''.
Page 473, after line 6, insert the following:
(G) Self-certification and compliance.--The Secretary may
conduct risk-based stewardship and oversight of a direct
recipient's performance of the assumed responsibilities
specified in the agreement under subparagraph (D), as
determined appropriate by the Secretary.
Page 474, line 4, insert ``or unit of local government''
after ``planning area''.
Page 474, beginning on line 8, strike ``metropolitan
planning organization'' and insert ``direct recipient''.
Page 476, line 20, insert ``or units of local government''
after ``planning organizations''.
Page 477, line 7, insert ``or unit of local government''
after ``organization''.
amendment no. 33 offered by mr. garamendi of california
At the end of title II of division C of the bill, add the
following:
SEC. 8205. SEISMICITY.
(a) In General.--Not later than 90 days after the date of
enactment of this section, the Secretary of Transportation,
in consultation with the Federal Energy Regulatory
Commission, shall enter into an agreement with the National
Academy of Sciences under which the National Academy of
Sciences shall prepare a report containing--
(1) the results of a study that--
[[Page H3549]]
(A) evaluates the current Federal requirements for pipeline
facility design, siting, construction, operation and
maintenance, and integrity management, relating to
seismicity, land subsidence, landslides, slope instability,
frost heave, soil settlement, erosion, and other dynamic
geologic conditions that may pose a safety risk;
(B) identifies any discrepancy in such requirements that
apply to operators of gas pipeline facilities and hazardous
liquid pipeline facilities; and
(C) identifies any deficiencies in industry practices
related to such requirements; and
(2) any recommendations of the National Academy of Sciences
based on such results.
(b) Report to Congress.--Upon completion of the report
prepared pursuant to subsection (a), the National Academy of
Sciences shall submit to the Secretary of Transportation, the
Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Energy and Commerce of
the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate the report.
(c) Pipeline Facilities.--In this section, the term
``pipeline facility'' has the meaning given that term in
section 60101 of title 49, United States Code.
amendment no. 35 offered by mr. garamendi of california
Page 290, beginning on line 25, strike ``standards of SSPC
QP1, QP2, and QP3'' and insert ``relevant SSPC-QP
standards''.
Page 291, beginning on line 5, strike ``, through a
qualified training program,''.
amendment no. 36 offered by mr. garcia of illinois
Page 213, line 4, strike ``design work space'' and insert
``design of work spaces''.
Page 388, strike lines 21 through 25 and insert the
following:
(B) by striking paragraph (7) and inserting the following:
``(7) if the project or program utilizes transportation
demand management strategies, shifts traffic demand to
nonpeak hours or other transportation modes, increases
vehicle occupancy rates, or otherwise reduces demand for
roads through such means as telecommuting, ridesharing,
carsharing, shared micromobility (including bikesharing and
shared scooter systems), publicly accessible charging
stations, docks, and storage for electric bicycles and
micromobility devices, alternative work hours, and
pricing;''; and
Page 569, line 5, strike ``and''.
Page 569, line 6, insert ``and'' at the end.
Page 569, after line 6, insert the following:
(iv) travel demand impacts from state and local
transportation demand management programs;
amendment no. 37 offered by Mr. garcia of illinois
Page 1508, after line 13, insert the following:
SEC. 10109. MOTOR VEHICLE PEDESTRIAN AND CYCLIST PROTECTION.
(a) Rulemaking.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation,
acting through the Administrator of the National Highway
Traffic Safety Administration, shall issue a final rule
that--
(1) establishes minimum performance standards for the hood
and bumper areas of passenger cars, multipurpose passenger
vehicles, trucks, and buses with a gross vehicle weight
rating of 4,536 kilograms (10,000 pounds) or less to reduce
injuries and fatalities suffered by vulnerable road users,
including pedestrians and cyclists, who are struck by such
vehicles; and
(2) considers the protection of vulnerable pedestrian and
cycling populations, including children and older adults, and
people with disabilities.
(b) Compliance.--The rule issued pursuant to subsection (a)
shall require full compliance with minimum performance
standards established by the Secretary not later than 2 years
after the date on which the final rule is issued.
(c) Definitions.--In this section:
(1) Bus.--The term ``bus'' has the meaning given such term
in section 571.3 of title 49, Code of Federal Regulations (or
any successor regulation).
(2) Multipurpose passenger vehicle.--The term ``multiperson
passenger vehicle'' has the meaning given such term in
section 571.3 of title 49, Code of Federal Regulations (or
any successor regulation).
(3) Passenger car.--The term ``passenger car'' has the
meaning given such term in section 571.3 of title 49, Code of
Federal Regulations (or any successor regulation).
(4) Truck.--The term ``truck'' has the meaning given such
term in section 571.3 of title 49, Code of Federal
Regulations (or any successor regulation).
amendment no. 38 offered by mr. garcia of illinois
Page 705, after line 3, insert the following:
SEC. 1640. UPDATES TO MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES.
(a) Addressing All Users Equally.--The Secretary shall
ensure that current and future editions of the Manual on
Uniform Traffic Control Devices address all users equally,
including vulnerable road users such as pedestrians and
cyclists.
(b) Timing of Regular Updates.--Pursuant to the authority
granted the Secretary in section 109 of title 23, United
States Code, the Secretary shall review the existing guidance
for when updates to the Manual on Uniform Traffic Control
Devices occur and make any adjustments to that guidance
needed to ensure the Secretary is timely updating the Manual
on Uniform Traffic Control Devices to take into account
advances in design standards, road markings, and traffic
devices. The Secretary shall consider requiring that the
Manual on Uniform Traffic Control Devices be reviewed at
least once every 4 years for any necessary updates.
amendment no. 39 offered by ms. garcia of texas
Page 1510, after line 5, insert the following:
DIVISION H--DOMESTIC MARITIME WORKFORCE TRAINING
SECTION 11101. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME
WORKFORCE TRAINING AND EDUCATION.
Section 54102 of title 46, United States Code, is amended--
(1) in subsection (a), by striking ``of Transportation'';
(2) in subsection (b), in the subsection heading, by
striking ``Assistance'' and inserting ``Cooperative
Agreements'';
(3) by redesignating subsection (c) as subsection (d);
(4) in subsection (d), as redesignated by paragraph (2), by
adding at the end the following:
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.''; and
(5) by inserting after subsection (b) the following:
``(c) Grant Program.--
``(1) Definition of eligible institution.--In this
subsection, the term `eligible institution' means a
postsecondary educational institution as such term is defined
in section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302) that offers a 2-year
program of study, a 1-year program of training, or is a
postsecondary vocational institution.
``(2) Grant authorization.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Maritime Administration Authorization and
Improvement Act, the Secretary, in consultation with the
Secretary of Labor and the Secretary of Education, may award
maritime career training grants to eligible institutions for
the purpose of developing, offering, or improving educational
or career training programs for American workers related to
the maritime workforce.
``(B) Guidelines.--Not later than 1 year after the date of
enactment of the Maritime Administration Authorization and
Improvement Act, the Secretary shall--
``(i) promulgate guidelines for the submission of grant
proposals under this subsection; and
``(ii) publish and maintain such guidelines on the website
of the Department of Transportation.
``(3) Limitations.--The Secretary may not award a grant
under this subsection in an amount that is more than
$20,000,000.
``(4) Required information.--
``(A) In general.--An eligible institution that desires to
receive a grant under this subsection shall submit to the
Secretary a grant proposal that includes a detailed
description of--
``(i) the specific project for which the grant proposal is
submitted, including the manner in which the grant will be
used to develop, offer, or improve an educational or career
training program that is suited to maritime industry workers;
``(ii) the extent to which the project for which the grant
proposal is submitted will meet the educational or career
training needs of maritime workers in the community served by
the eligible institution;
``(iii) the extent to which the project for which the grant
proposal is submitted fits within any overall strategic plan
developed by an eligible community; and
``(iv) any previous experience of the eligible institution
in providing maritime educational or career training
programs.
``(B) Community outreach required.--In order to be
considered by the Secretary, a grant proposal submitted by an
eligible institution under this subsection shall--
``(i) demonstrate that the eligible institution--
``(I) reached out to employers to identify--
``(aa) any shortcomings in existing maritime educational
and career training opportunities available to workers in the
community; and
``(bb) any future employment opportunities within the
community and the educational and career training skills
required for workers to meet the future maritime employment
demand; and
``(II) reached out to other similarly situated institutions
in an effort to benefit from any best practices that may be
shared with respect to providing maritime educational or
career training programs to workers eligible for training;
and
``(ii) include a detailed description of--
``(I) the extent and outcome of the outreach conducted
under clause (i);
``(II) the extent to which the project for which the grant
proposal is submitted will contribute to meeting any
shortcomings identified under clause (i)(I)(aa) or any
maritime educational or career training needs identified
under clause (i)(I)(bb); and
``(III) the extent to which employers, including small- and
medium-sized firms within the community, have demonstrated a
commitment to employing workers who
[[Page H3550]]
would benefit from the project for which the grant proposal
is submitted.
``(5) Criteria for award of grants.--
``(A) In general.--Subject to the appropriation of funds,
the Secretary shall award a grant under this subsection based
on--
``(i) a determination of the merits of the grant proposal
submitted by the eligible institution to develop, offer, or
improve maritime educational or career training programs to
be made available to workers;
``(ii) an evaluation of the likely employment opportunities
available to workers who complete a maritime educational or
career training program that the eligible institution
proposes to develop, offer, or improve;
``(iii) an evaluation of prior demand for training programs
by workers in the community served by the eligible
institution, as well as the availability and capacity of
existing maritime training programs to meet future demand for
training programs; and
``(iv) any prior designation of an institution as a Center
of Excellence for Domestic Maritime Workforce Training and
Education.
``(B) Matching requirements.--A grant awarded under this
subsection may not be used to satisfy any private matching
requirement under any other provision of law.
``(6) Public report.--Not later than December 15 in each of
the calendar years 2021 through 2023, the Secretary shall
make available on a publically available website a report and
provide a briefing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives--
``(A) describing each grant awarded under this subsection
during the preceding fiscal year;
``(B) assessing the impact of each award of a grant under
this subsection in a fiscal year preceding the fiscal year
referred to in subparagraph (A) on workers receiving
training; and
``(C) the performance of the grant awarded with respect to
the indicators of performance under section 116(b)(2)(A)(i)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)(A)(i)).
``(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection
$200,000,000.''.
amendment no. 42 offered by mr. gomez of california
At the end of subtitle E of title II of division B, insert
the following:
SEC. 2506. TRANSIT TO TRAILS GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Community of color.--The term ``community of color''
means a geographically distinct area in which the population
of any of the following categories of individuals is higher
than the average populations of that category for the State
in which the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-white race.
(F) Hispanic.
(G) Latino.
(2) Critically underserved community.--The term
``critically underserved community'' means--
(A) a community that can demonstrate to the Secretary that
the community has inadequate, insufficient, or no park space
or recreation facilities, including by demonstrating--
(i) quality concerns relating to the available park space
or recreation facilities;
(ii) the presence of recreational facilities that do not
serve the needs of the community; or
(iii) the inequitable distribution of park space for high-
need populations, based on income, age, or other measures of
vulnerability and need;
(B) a community in which at least 50 percent of the
population is not located within \1/2\ mile of park space; or
(C) any other community that the Secretary determines to be
appropriate.
(3) Designated service area.--The term ``designated service
area'' means a geographical area recommended by a designated
official planning agency, that defines the community where
coordinated transportation services are be provided to the
transportation disadvantaged.
(4) Disproportionate burden of adverse human health or
environmental effects.--The term ``disproportionate burden of
adverse human health or environmental effects'' means a
situation where there exists higher or more adverse human
health or environmental effects on communities of color, low
income communities, and Tribal and indigenous communities.
(5) Eligible entity.--The term ``eligible entity'' means--
(A) a State or local government entity;
(B) a political subdivision of a State (including a city or
a county);
(C) a special purpose district (including a park district);
(D) an Indian tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)); or
(E) a metropolitan planning organization (as defined in
section 134(b) of title 23, United States Code).
(6) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low
income communities, or Tribal and indigenous communities,
that experience, or is at risk of experiencing higher or more
adverse human health or environmental effects.
(7) Low income community.--the term ``low income
community'' means any census block group in which 30 percent
or more of the population are individuals with an annual
household income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median income of
the area in which the household is located, as reported by
the Department of Housing and Urban Development; and
(B) 200 percent of the Federal poverty line.
(8) Microtransit.--The term ``microtransit'' means low-
capacity transportation service carrying small numbers of
people at a time.
(9) Program.--The term ``program'' means the Transit to
Trails Grant Program established under subsection (b)(1).
(10) Rural area.--The term ``rural area'' means a community
that is not an urbanized area.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(12) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory or
possession of the United States.
(13) Transportation connector.--
(A) In general.--The term ``transportation connector''
means a system that--
(i) connects 2 zip codes or communities within a 175-mile
radius of a designated service area; and
(ii) provides public transportation.
(B) Inclusions.--The term ``transportation connector''
includes microtransits, bus lines, light rail, rapid
transits, or personal rapid transits.
(b) Grant Program.--
(1) Establishment.--The Secretary shall establish a grant
program, to be known as the ``Transit to Trails Grant
Program'', under which the Secretary shall award grants to
eligible entities for--
(A) projects that develop transportation connectors or
routes in or serving, and related culturally and
linguistically appropriate education materials for,
critically underserved communities to increase access and
mobility to Federal or non-Federal public land, inland and
costal waters, parkland, or monuments; or
(B) projects that facilitate transportation improvements to
enhance access to Federal or non-Federal public land and
recreational opportunities in critically underserved
communities.
(2) Administration.--
(A) In general.--The Secretary shall administer the program
to assist eligible entities in the development of public
transportation routes in or serving, and related culturally
and linguistically appropriate education materials for,
critically underserved communities to increase access and
mobility to Federal or non-Federal public land, inland and
coastal waters, parkland, or monuments.
(B) Joint partnerships.--The Secretary shall encourage
joint partnership projects under the program, if available,
among multiple agencies, including school districts,
nonprofit organizations, metropolitan planning organizations,
regional transportation authorities, transit agencies, and
State and local governmental agencies (including park and
recreation agencies and authorities) to enhance investment of
public sources.
(C) Annual grant project proposal solicitation, review, and
approval.--
(i) In general.--The Secretary shall--
(I) annually solicit the submission of project proposals
for grants from eligible entities under the program; and
(II) review each project proposal submitted under subclause
(I) on a timeline established by the Secretary.
(ii) Required elements for project proposal.--A project
proposal submitted under clause (i)(I) shall include--
(I) a statement of the purposes of the project;
(II) the name of the entity or individual with overall
responsibility for the project;
(III) a description of the qualifications of the entity or
individuals identified under subclause (II);
(IV) a description of--
(aa) staffing and stakeholder engagement for the project;
(bb) the logistics of the project; and
(cc) anticipated outcomes of the project;
(V) a proposed budget for the funds and time required to
complete the project;
(VI) information regarding the source and amount of
matching funding available for the project;
(VII) information that demonstrates the clear potential of
the project to contribute to increased access to parkland for
critically underserved communities; and
(VIII) any other information that the Secretary considers
to be necessary for evaluating the eligibility of the project
for funding under the program.
(D) Priority.--To the extent practicable, in determining
whether to approve project proposals under the program, the
Secretary shall prioritize projects that--
(i) are designed to increase access and mobility to local
or neighborhood Federal or non-Federal public land, inland
and costal waters, parkland, monuments, or recreational
opportunities;
(ii) utilize low- or no-emission vehicles;
(iii) provide free or discounted rates for low income
riders;
[[Page H3551]]
(iv) provide opportunities for youth engagement;
(v) projects established in communities of color, low-
income communities, Tribal or indigenous communities, or
rural communities; and
(vi) comply with relevant regulations in the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(3) Transportation planning procedures.--
(A) Procedures.-- In consultation with the head of each
appropriate Federal land management agency, the Secretary
shall ensure that projects conducted under the program that
are consistent with metropolitan and statewide planning
processes.
(B) Requirements.--In carrying out the program, the
Secretary shall ensure the following:
(i) All projects carried out under the program will comply
with sections 5303 and 5304 of title 49, United States Code.
(ii) All new transportation connectors and routes
established under a project shall be accessible in accordance
with the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) accessibility specifications for
transportation vehicles.
(iii) State department of transportation agencies shall
engage with relevant stakeholders consistent with sections
5304(f)(3) and 5404(g)(3) of title 49, United States Code,
and metropolitan planning organizations shall engage with
relevant stakeholders consistent with sections 5303(g)(3)(B),
5303(i)(5), and 5303(i)(6) of title 49, United States Code,
in addition to faith-based and community-based organizations.
(iv) Except as otherwise provided under this section, a
grant provided under this section shall be subject to the
requirements of section 5307 of title 49, United States Code.
(4) Federal share.--
(A) In general.--The Federal share of the cost of an
eligible project carried our under this subsection shall not
exceed 80 percent.
(B) 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.
(5) Eligible uses.--Grant funds provided under the program
may be used--
(A) to develop transportation connectors or routes in or
serving, and related culturally and linguistically
appropriate education materials for, critically underserved
communities to increase access and mobility to Federal and
non-Federal public land, inland and costal waters, parkland,
and monuments; and
(B) to create or significantly enhance access to Federal or
non-Federal public land and recreational opportunities in an
urban area or a rural area.
(6) Grant amount.--A grant provided under the program shall
be--
(A) not less than $25,000; and
(B) not more than $500,000.
(7) Technical assistance.--It is the intent of Congress
that grants provided under the program deliver project funds
to areas of greatest need while offering technical assistance
to all applicants and potential applicants for grant
preparation to encourage full participation in the program.
(c) Reporting Requirement.--
(1) Reports by grant recipients.--The Secretary shall
require a recipient of a grant under the program to submit to
the Secretary at least 1 performance and financial report
that--
(A) includes--
(i) demographic data on communities served by the project;
and
(ii) a summary of project activities conducted after
receiving the grant; and
(B) describes the status of each project funded by the
grant as of the date of the report.
(2) Additional reports.--In addition to the report required
under paragraph (1), the Secretary may require additional
reports from a recipient, as the Secretary determines to be
appropriate, including a final report.
(3) Deadlines.--The Secretary shall establish deadlines for
the submission of each report required under paragraph (1) or
(2).
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
fiscal years 2023 and 2024 and $20,000,000 for fiscal years
2025 and 2026.
amendment no. 44 offered by mr. grijalva of arizona
At the end, add the following:
DIVISION H--EFFICIENT AND EFFECTIVE NEPA IMPLEMENTATION
SEC. 12001. EFFICIENT AND EFFECTIVE NEPA IMPLEMENTATION.
(a) Definition of Agency.--In this section, the term
``agency'' means a Federal agency eligible to receive funds
under the INVEST in America Act.
(b) Funding for the Efficient and Effective Application of
NEPA.--For the period of fiscal years 2023 through 2031,
there is authorized to be appropriated to the Chair of the
Council on Environmental Quality $150,000,000 for allocation
to agencies eligible to receive funds under the INVEST in
America Act to provide for efficient and effective
environmental reviews under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) in accordance with the
guidelines and requirements established under subsection
(c)(2), to remain available until expended.
(c) Task Force.--
(1) Establishment.--The Chair of the Council on
Environmental Quality shall establish and administer a task
force, to be known as the ``Task Force to Revitalize NEPA
Implementation'' (referred to in this section as the ``Task
Force''), the membership of which may--
(A) be determined by the Chair of the Council on
Environmental Quality; and
(B) include detailees from other agencies and personnel
assigned to the Council on Environmental Quality under
subchapter VI of chapter 33 of title 5, United States Code.
(2) Guidelines and requirements.--Not later than 180 days
after the date of enactment of this division, the Task Force
shall establish guidelines and requirements for the use of
amounts allocated to an agency under paragraph (3) that
provide for more efficient and more effective environmental
reviews under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including through the hiring and
training of additional personnel, development of programmatic
assessments or templates, procurement of technical or
scientific services, development of data or technology
systems, stakeholder and community engagement, and the
purchase of new equipment.
(3) Allocation of funds.--
(A) Application.--An agency seeking to receive amounts
under this section shall submit to the Task Force an
application at such time, in such manner, and containing such
information as the Task Force shall require, which shall
include criteria and performance measures for the
implementation of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) that are established by the
Task Force.
(B) Additional agencies.--The Task Force, working with the
Director of the Office of Management and Budget, shall--
(i) identify the agencies that need additional amounts to
effectively and efficiently carry out the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
(ii) determine the additional amounts needed by each agency
identified under clause (i).
(C) Allocation.--The Task Force shall allocate amounts made
available under subsection (b)--
(i) for the 2-year period beginning on the date of
enactment of this division, to agencies that submit an
application under subparagraph (A); and
(ii) for the period beginning on the date that is 2 years
after the date of enactment of this division and ending on
September 30, 2026--
(I) to agencies that submit an application under
subparagraph (A); and
(II) to agencies identified under subparagraph (B)(i).
(D) Transfer and acceptance of funds.--
(i) Transfer.--The Chair of the Council on Environmental
Quality may, to the extent provided in advance in
appropriations Acts--
(I) transfer amounts allocated to agencies by the Task
Force under subparagraph (C) to the heads of those agencies
for use in accordance with the guidelines and requirements
established by the Task Force under paragraph (2); and
(II) use the amounts allocated to the Council on
Environmental Quality by the Task Force under subparagraph
(C) in accordance with the guidelines and requirements
established by the Task Force under paragraph (2).
(ii) Receipt and acceptance.--The head of an agency to
which amounts are transferred by the Chair of the Council on
Environmental Quality under clause (i)(I) shall be entitled
to receive, may accept, and may use those amounts, in
accordance with the guidelines and requirements established
by the Task Force under paragraph (2).
(4) Supplement, not supplant.--Amounts allocated to an
agency under this section shall supplement, and not supplant,
amounts otherwise made available to the agency to carry out
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this division, and annually thereafter until
amounts made available to carry out this section are
expended, the Chair of the Council on Environmental Quality
shall submit to Congress a report describing the
implementation of this section.
(2) Inclusion.--If the Task Force allocates amounts to
agencies under subsection (c)(3)(C)(ii)(II), the Chair of the
Council on Environmental Quality shall include in the
applicable report under paragraph (1) a description of--
(A) the agencies to which amounts were allocated under that
subsection; and
(B) the amounts that were allocated to those agencies.
amendment no. 46 offered by ms. johnson of texas
Page 705, after line 3, insert the following:
SEC. 1639. DBE REPORT.
Not later than 18 months after the date of enactment of
this Act, the Comptroller General of the United States shall
submit to Congress, and make available to the public, a
report analyzing the Department of Transportation's
performance measured against the 8 objectives of the
Disadvantaged Business Enterprises Program under section 26.1
of title 49, Code of Federal Regulations. The report shall
identify and provide a list of recipients of Department of
Transportation funds, such recipient's overall annual
Disadvantaged Business Enterprise goals (disaggregated by
percentage and dollar
[[Page H3552]]
value), and the information submitted in sections A and B of
such recipient's respective Uniform Reports of DBE Awards,
Commitments, and Payments for the previous 5 years.
amendment no. 47 offered by mr. johnson of georgia
Page 398, line 25, strike ``10 percent'' and insert ``20
percent''.
amendment no. 48 offered by mr. johnson of georgia
Page 37, strike lines 21 through 23 (and redesignate the
subsequent subparagraphs accordingly).
amendment no. 49 offered by mr. johnson of georgia
Page 37, after line 23, insert the following (and
redesignate the subsequent subparagraphs accordingly):
(D) adding service hours or days to existing transit
service;
Amendment No. 54 Offered by Mr. Krishnamoorthi of Illinois
Page 1508, after line 13, add the following new section
(and update the table of contents accordingly):
SEC. 10109. CHILD RESTRAINT SYSTEMS.
(a) Child Restraint System Labeling.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Transportation
shall revise section 571.213 of title 49, Code of Federal
Regulations--
(A) in S5.5.2(f) by striking ``13.6 kg'' and inserting
``18.2 kg''; and
(B) by adding at the end of S5.5.2 the following:
``(o) The packaging for each booster seat shall be
permanently labeled with the information specified in
S5.5.2(g).
``(p) On each booster seat, and on the packaging of such
booster seat, there shall be placed--
``(1) a permanent label stating: `For use by children [_]
years old or older and who are over [_] pounds.', with
respect to which--
``(A) the first bracket is replaced with the minimum age
recommended for a user, which may not be an age younger than
4 years old; and
``(B) the second bracket is replaced with the minimum
weight recommended for a user, which may not be under 40
pounds; and
``(2) a permanent label stating: `Strongly recommended
children use this seat only when they reach either the height
or weight limit for a child restraint system with internal
harness as indicated by the manufacturer.'.
``(q) On each child restraint system with internal harness,
and on the packaging of such child restraint system with
internal harness, there shall be placed a permanent label
stating: `To prevent possible injury or death, it is
important to delay the transition from a child restraint
system with internal harness to a booster seat as long as
possible, until the child reaches the weight or height limit
of the child restraint system with internal harness as
indicated by the manufacturer.'.
``(r) On each combination car seat, there shall be placed a
permanent label stating: `Please use this seat with the
internal harness as long as possible, until your child
outgrows the maximum weight of [_] or reaches the maximum
height of [_]. Once they have exceeded such weight or height,
this seat can be used as a belt positioning booster seat with
the vehicle seat belt.', with respect to which--
``(1) the first bracket is replaced with the maximum weight
recommended for an internal harness user, which may not be
under 40 pounds; and
``(2) the second bracket is replaced with the maximum
height recommended for an internal harness user.''.
(2) Effective date.--The modifications to section 571.213
of title 49, Code of Federal Regulations, under paragraph (1)
shall take effect not later than 180 days after the date of
the enactment of this Act.
(b) Side-impact Crash Testing.--
(1) General standards.--Not later than 1 year after the
date of the enactment of this section, the Administrator
shall issue regulations to establish standards with respect
to side-impact crash testing for child restraint systems,
which--
(A) shall include standards for booster seats; and
(B) may include the use of the most appropriate test dummy
available at the time of such side-impact crash testing.
(2) Near-side and far-side impact testing.--In issuing
regulations under paragraph (1), the Administrator shall
include procedures for testing--
(A) near-side impacts, in which the child restraint system
being tested is positioned on the side of the point of
impact; and
(B) far-side impacts, in which the child restraint system
being tested is positioned on the opposite side of the point
of impact.
(3) Booster seat test devices.--
(A) Design.--Not later than 18 months after the date of the
enactment of this section, the Administrator shall issue
regulations that provide guidelines for a test dummy that
approximates a 6-year-old child for the purposes of side-
impact crash testing.
(B) Use.--Not later than 18 months after the date on which
the Administrator issues regulations under subparagraph (A),
the Administrator shall require that side-impact crash
testing for booster seats (for both near-side and far-side
impacts) includes the use of a test dummy that meets the
guidelines provided under subparagraph (A).
(c) Tether Systems Study.--Not later than 1 year after the
date of the enactment of this section, the Administrator
shall provide to Congress a study of the functionality of
tether systems and the variability that exists in tether use
recommendations by car seat and vehicle manufacturers, with
recommendations on how such tether systems may be used or
modified to increase the usage of child restraint systems
with internal harness to maximize child safety.
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Highway Traffic Safety
Administration.
(2) Booster seat.--The term ``booster seat'' has the
meaning given such term in section 571.213 of title 49, Code
of Federal Regulations (as in effect on the date of the
enactment of this section).
(3) Child restraint system.--The term ``child restraint
system'' has the meaning given such term in section 571.213
of title 49, Code of Federal Regulations (as in effect on the
date of the enactment of this section).
(4) Child restraint system with internal harness.--The term
``child restraint system with internal harness'' means a
child restraint system designed to be used rear-facing or
forward-facing employing a 5-point harness to position the
child in the seat.
(5) Combination car seat.--The term ``combination car
seat''--
(A) means any child restraint system designed to be used in
a forward-facing position with a 5-point internal harness,
where the harness may be removed and the seat utilized as a
belt-positioning booster seat; and
(B) includes a child restraint system that may be--
(i) converted between rear-facing with an internal harness
and forward-facing with an internal harness; and
(ii) commonly referred to as ``3-in-1'' or ``all-in-1''
seats.
(6) Test dummy.--The term ``test dummy'' means an
anthropomorphic test dummy as such term is used in section
571.213 of title 49, Code of Federal Regulations (as in
effect on the date of the enactment of this section).
(7) Tether system.--The term ``tether system'' means a
system utilizing a tether anchorage, tether strap, and tether
hook (as such terms are defined in section 571.225 of tile
49, Code of Federal Regulations).
Amendment No. 67 Offered by Mr. Moulton of Massachusetts
Page 1237, line 25, strike ``$4,800,000,000'' and insert
``$5,800,000,000''.
Page 1238, line 1. strike ``$4,900,000,000'' and insert
``$5,900,000,000''.
Page 1238, line 2, strike ``$5,000,000,000'' and insert
``$6,000,000,000''.
Page 1238, line 3, strike ``$5,100,000,000'' and insert
``$6,100,000,000''.
Page 1238, line 4, strike ``$5,200,000,000'' and insert
``$6,200,000,000''.
Amendment No. 85 Offered by Ms. Porter of California
At the end of subtitle F of title I of division B of the
bill, insert the following:
SEC. 1640. STUDY ON IMPACT OF AIR POLLUTION FROM VEHICLES
IDLING IN SCHOOL ZONES.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Health and Human Services and the
Administrator of the Environmental Protection Agency, acting
jointly, shall--
(1) complete a study on the impacts on the health of
children related to the emission of air pollutants from
school buses and other vehicles idling in school zones; and
(2) submit a report to the Congress on the results of such
study.
amendment no. 89 offered by mr. rush of illinois
At the end, add the following:
DIVISION H--ELECTRIC VEHICLES
TITLE I--ZERO EMISSIONS VEHICLE INFRASTRUCTURE BUILDOUT
Subtitle A--Electric Vehicle Infrastructure
SEC. 12101. DEFINITIONS.
In this subtitle:
(1) Electric vehicle supply equipment.--The term ``electric
vehicle supply equipment'' means any conductors, including
ungrounded, grounded, and equipment grounding conductors,
electric vehicle connectors, attachment plugs, and all other
fittings, devices, power outlets, or apparatuses installed
specifically for the purpose of delivering energy to an
electric vehicle.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Underserved or disadvantaged community.--The term
``underserved or disadvantaged community'' means--
(A) a community located in a ZIP code that includes a
census tract that is identified as--
(i) a low-income community; or
(ii) a community of color;
(B) a community in which climate change, pollution, or
environmental destruction have exacerbated systemic racial,
regional, social, environmental, and economic injustices by
disproportionately affecting indigenous peoples, communities
of color, migrant communities, deindustrialized communities,
depopulated rural communities, the poor, low-income workers,
women, the elderly, the unhoused, people with disabilities,
or youth; or
[[Page H3553]]
(C) any other community that the Secretary determines is
disproportionately vulnerable to, or bears a disproportionate
burden of, any combination of economic, social, and
environmental stressors.
SEC. 12102. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE PROGRAM.
(a) Rebate Program.--Not later than January 1, 2022, the
Secretary shall establish a rebate program to provide rebates
for covered expenses associated with publicly accessible
electric vehicle supply equipment (in this section referred
to as the ``rebate program'').
(b) Rebate Program Requirements.--
(1) Eligible entities.--A rebate under the rebate program
may be made to an individual, a State, local, Tribal, or
Territorial government, a private entity, a not-for-profit
entity, a nonprofit entity, or a metropolitan planning
organization.
(2) Eligible equipment.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall publish and
maintain on the Department of Energy internet website a list
of electric vehicle supply equipment that is eligible for the
rebate program.
(B) Updates.--The Secretary may, by regulation, add to, or
otherwise revise, the list of electric vehicle supply
equipment under subparagraph (A) if the Secretary determines
that such addition or revision will likely lead to--
(i) greater usage of electric vehicle supply equipment;
(ii) greater access to electric vehicle supply equipment by
users; or
(iii) an improved experience for users of electric vehicle
supply equipment, including accessibility in compliance with
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.).
(C) Location requirement.--To be eligible for the rebate
program, the electric vehicle supply equipment described in
subparagraph (A) shall be installed--
(i) in the United States;
(ii) on property--
(I) owned by the eligible entity under paragraph (1); or
(II) on which the eligible entity under paragraph (1) has
authority to install electric vehicle supply equipment; and
(iii) at a location that is--
(I) a multi-unit housing structure;
(II) a workplace;
(III) a commercial location; or
(IV) open to the public for a minimum of 12 hours per day;
(3) Application.--
(A) In general.--An eligible entity under paragraph (1) may
submit to the Secretary an application for a rebate under the
rebate program. Such application shall include--
(i) the estimated cost of covered expenses to be expended
on the electric vehicle supply equipment that is eligible
under paragraph (2);
(ii) the estimated installation cost of the electric
vehicle supply equipment that is eligible under paragraph
(2);
(iii) the global positioning system location, including the
integer number of degrees, minutes, and seconds, where such
electric vehicle supply equipment is to be installed, and
identification of whether such location is--
(I) a multi-unit housing structure;
(II) a workplace;
(III) a commercial location; or
(IV) open to the public for a minimum of 12 hours per day;
(iv) the technical specifications of such electric vehicle
supply equipment, including the maximum power voltage and
amperage of such equipment;
(v) an identification of any existing electric vehicle
supply equipment that--
(I) is available to the public for a minimum of 12 hours
per day; and
(II) is not further than 50 miles from the global
positioning system location identified under clause (iii);
and
(vi) any other information determined by the Secretary to
be necessary for a complete application.
(B) Review process.--The Secretary shall review an
application for a rebate under the rebate program and approve
an eligible entity under paragraph (1) to receive such rebate
if the application meets the requirements of the rebate
program under this subsection.
(C) Notification to eligible entity.--Not later than 1 year
after the date on which the eligible entity under paragraph
(1) applies for a rebate under the rebate program, the
Secretary shall notify the eligible entity whether the
eligible entity will be awarded a rebate under the rebate
program following the submission of additional materials
required under paragraph (5).
(4) Rebate amount.--
(A) In general.--Except as provided in subparagraph (B),
the amount of a rebate made under the rebate program for each
charging unit shall be the lesser of--
(i) 75 percent of the applicable covered expenses;
(ii) $2,000 for covered expenses associated with the
purchase and installation of non-networked level 2 charging
equipment;
(iii) $4,000 for covered expenses associated with the
purchase and installation of networked level 2 charging
equipment; or
(iv) $100,000 for covered expenses associated with the
purchase and installation of networked direct current fast
charging equipment.
(B) Rebate amount for replacement equipment.--A rebate made
under the rebate program for replacement of pre-existing
electric vehicle supply equipment at a single location shall
be the lesser of--
(i) 75 percent of the applicable covered expenses;
(ii) $1,000 for covered expenses associated with the
purchase and installation of non-networked level 2 charging
equipment;
(iii) $2,000 for covered expenses associated with the
purchase and installation of networked level 2 charging
equipment; or
(iv) $25,000 for covered expenses associated with the
purchase and installation of networked direct current fast
charging equipment.
(5) Disbursement of rebate.--
(A) In general.--The Secretary shall disburse a rebate
under the rebate program to an eligible entity under
paragraph (1), following approval of an application under
paragraph (3), if such entity submits the materials required
under subparagraph (B).
(B) Materials required for disbursement of rebate.--Not
later than one year after the date on which the eligible
entity under paragraph (1) receives notice under paragraph
(3)(C) that the eligible entity has been approved for a
rebate, such eligible entity shall submit to the Secretary
the following--
(i) a record of payment for covered expenses expended on
the installation of the electric vehicle supply equipment
that is eligible under paragraph (2);
(ii) a record of payment for the electric vehicle supply
equipment that is eligible under paragraph (2);
(iii) the global positioning system location of where such
electric vehicle supply equipment was installed and
identification of whether such location is--
(I) a multi-unit housing structure;
(II) a workplace;
(III) a commercial location; or
(IV) open to the public for a minimum of 12 hours per day;
(iv) the technical specifications of the electric vehicle
supply equipment that is eligible under paragraph (2),
including the maximum power voltage and amperage of such
equipment; and
(v) any other information determined by the Secretary to be
necessary.
(C) Agreement to maintain.--To be eligible for a rebate
under the rebate program, an eligible entity under paragraph
(1) shall enter into an agreement with the Secretary to
maintain the electric vehicle supply equipment that is
eligible under paragraph (2) in a satisfactory manner for not
less than 5 years after the date on which the eligible entity
under paragraph (1) receives the rebate under the rebate
program.
(D) Exception.--The Secretary shall not disburse a rebate
under the rebate program if materials submitted under
subparagraph (B) do not meet the same global positioning
system location and technical specifications for the electric
vehicle supply equipment that is eligible under paragraph (2)
provided in an application under paragraph (3).
(6) Multi-port chargers.--An eligible entity under
paragraph (1) shall be awarded a rebate under the rebate
program for covered expenses relating to the purchase and
installation of a multi-port charger based on the number of
publicly accessible charging ports, with each subsequent port
after the first port being eligible for 50 percent of the
full rebate amount.
(7) Networked direct current fast charging.--Of amounts
appropriated to carry out the rebate program, not more than
40 percent may be used for rebates of networked direct
current fast charging equipment.
(8) Hydrogen fuel cell refueling infrastructure.--Hydrogen
refueling equipment shall be eligible for a rebate under the
rebate program as though it were networked direct current
fast charging equipment. All requirements related to public
accessibility of installed locations shall apply.
(9) Report.--Not later than 3 years after the first date on
which the Secretary awards a rebate under the rebate program,
the Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report of the
number of rebates awarded for electric vehicle supply
equipment and hydrogen fuel cell refueling equipment in each
of the location categories described in paragraph
(2)(C)(iii).
(c) Definitions.--In this section:
(1) Covered expenses.--The term ``covered expenses'' means
an expense that is associated with the purchase and
installation of electric vehicle supply equipment,
including--
(A) the cost of electric vehicle supply equipment;
(B) labor costs associated with the installation of such
electric vehicle supply equipment, only if wages for such
labor are paid at rates not less than those prevailing on
similar labor in the locality of installation, as determined
by the Secretary of Labor under subchapter IV of chapter 31
of title 40, United States Code (commonly referred to as the
``Davis-Bacon Act'');
(C) material costs associated with the installation of such
electric vehicle supply equipment, including expenses
involving electrical equipment and necessary upgrades or
modifications to the electrical grid and associated
infrastructure required for the installation of such electric
vehicle supply equipment;
[[Page H3554]]
(D) permit costs associated with the installation of such
electric vehicle supply equipment; and
(E) the cost of an on-site energy storage system.
(2) Electric vehicle.--The term ``electric vehicle'' means
a vehicle that derives all or part of its power from
electricity.
(3) Multi-port charger.--The term ``multi-port charger''
means electric vehicle supply equipment capable of charging
more than one electric vehicle.
(4) Level 2 charging equipment.--The term ``level 2
charging equipment'' means electric vehicle supply equipment
that provides an alternating current power source at a
minimum of 208 volts.
(5) Networked direct current fast charging equipment.--The
term ``networked direct current fast charging equipment''
means electric vehicle supply equipment that provides a
direct current power source at a minimum of 50 kilowatts and
is enabled to connect to a network to facilitate data
collection and access.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000 for
each of fiscal years 2022 through 2026.
SEC. 12103. MODEL BUILDING CODE FOR ELECTRIC VEHICLE SUPPLY
EQUIPMENT.
(a) Review.--The Secretary shall review proposed or final
model building codes for--
(1) integrating electric vehicle supply equipment into
residential and commercial buildings that include space for
individual vehicle or fleet vehicle parking; and
(2) integrating onsite renewable power equipment and
electric storage equipment (including electric vehicle
batteries to be used for electric storage) into residential
and commercial buildings.
(b) Technical Assistance.--The Secretary shall provide
technical assistance to stakeholders representing the
building construction industry, manufacturers of electric
vehicles and electric vehicle supply equipment, State and
local governments, and any other persons with relevant
expertise or interests to facilitate understanding of the
model code and best practices for adoption by jurisdictions.
SEC. 12104. ELECTRIC VEHICLE SUPPLY EQUIPMENT COORDINATION.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary, acting through the
Assistant Secretary of the Office of Electricity Delivery and
Energy Reliability (including the Smart Grid Task Force),
shall convene a group to assess progress in the development
of standards necessary to--
(1) support the expanded deployment of electric vehicle
supply equipment;
(2) develop an electric vehicle charging network to provide
reliable charging for electric vehicles nationwide, taking
into consideration range anxiety and the location of charging
infrastructure to ensure an electric vehicle can travel
throughout the United States without losing a charge; and
(3) ensure the development of such network will not
compromise the stability and reliability of the electric
grid.
(b) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall provide to
the Committee on Energy and Commerce of the House of
Representatives and to the Committee on Energy and Natural
Resources of the Senate a report containing the results of
the assessment carried out under subsection (a) and
recommendations to overcome any barriers to standards
development or adoption identified by the group convened
under such subsection.
SEC. 12105. STATE CONSIDERATION OF ELECTRIC VEHICLE CHARGING.
(a) Consideration and Determination Respecting Certain
Ratemaking Standards.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is
amended by adding at the end the following:
``(20) Electric vehicle charging programs.--
``(A) In general.--Each State shall consider measures to
promote greater electrification of the transportation sector,
including--
``(i) authorizing measures to stimulate investment in and
deployment of electric vehicle supply equipment and to foster
the market for electric vehicle charging;
``(ii) authorizing each electric utility of the State to
recover from ratepayers any capital, operating expenditure,
or other costs of the electric utility relating to load
management, programs, or investments associated with the
integration of electric vehicle supply equipment into the
grid; and
``(iii) allowing a person or agency that owns and operates
an electric vehicle charging facility for the sole purpose of
recharging an electric vehicle battery to be excluded from
regulation as an electric utility pursuant to section 3(4)
when making electricity sales from the use of the electric
vehicle charging facility, if such sales are the only sales
of electricity made by the person or agency.
``(B) Definition.--For purposes of this paragraph, the term
`electric vehicle supply equipment' means conductors,
including ungrounded, grounded, and equipment grounding
conductors, electric vehicle connectors, attachment plugs,
and all other fittings, devices, power outlets, or
apparatuses installed specifically for the purpose of
delivering energy to an electric vehicle.''.
(b) Obligations To Consider and Determine.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is
amended by adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which it has ratemaking
authority) and each nonregulated electric utility shall
commence the consideration referred to in section 111, or set
a hearing date for consideration, with respect to the
standards established by paragraph (20) of section 111(d).
``(B) Not later than 2 years after the date of the
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority), and each nonregulated electric
utility, shall complete the consideration, and shall make the
determination, referred to in section 111 with respect to
each standard established by paragraph (20) of section
111(d).''.
(2) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c))
is amended by adding at the end the following: ``In the case
of the standard established by paragraph (20) of section
111(d), the reference contained in this subsection to the
date of enactment of this Act shall be deemed to be a
reference to the date of enactment of that paragraph.''.
(3) Prior state actions.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended
by adding at the end the following:
``(g) Prior State Actions.--Subsections (b) and (c) of this
section shall not apply to the standard established by
paragraph (20) of section 111(d) in the case of any electric
utility in a State if, before the enactment of this
subsection--
``(1) the State has implemented for such utility the
standard concerned (or a comparable standard);
``(2) the State regulatory authority for such State or
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard
concerned (or a comparable standard) for such utility;
``(3) the State legislature has voted on the implementation
of such standard (or a comparable standard) for such utility;
or
``(4) the State has taken action to implement incentives or
other steps to strongly encourage the deployment of electric
vehicles.''.
(4) Prior and pending proceedings.--Section 124 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2634) is amended is amended by adding at the end the
following: ``In the case of the standard established by
paragraph (20) of section 111(d), the reference contained in
this section to the date of the enactment of this Act shall
be deemed to be a reference to the date of enactment of such
paragraph (20).''.
SEC. 12106. STATE ENERGY PLANS.
(a) State Energy Conservation Plans.--Section 362(d) of the
Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is
amended--
(1) in paragraph (16), by striking ``; and'' and inserting
a semicolon;
(2) by redesignating paragraph (17) as paragraph (18); and
(3) by inserting after paragraph (16) the following:
``(17) a State energy transportation plan developed in
accordance with section 367; and''.
(b) Authorization of Appropriations.--Section 365(f) of the
Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is
amended to read as follows:
``(f) Authorization of Appropriations.--
``(1) State energy conservation plans.--For the purpose of
carrying out this part, there are authorized to be
appropriated $100,000,000 for each of fiscal years 2022
through 2026.
``(2) State energy transportation plans.--In addition to
the amounts authorized under paragraph (1), for the purpose
of carrying out section 367, there are authorized to be
appropriated $25,000,000 for each of fiscal years 2022
through 2026.''.
(c) State Energy Transportation Plans.--
(1) In general.--Part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.) is amended by
adding at the end the following:
``SEC. 367. STATE ENERGY TRANSPORTATION PLANS.
``(a) In General.--The Secretary may provide financial
assistance to a State to develop a State energy
transportation plan, for inclusion in a State energy
conservation plan under section 362(d), to promote the
electrification of the transportation system, reduced
consumption of fossil fuels, and improved air quality.
``(b) Development.--A State developing a State energy
transportation plan under this section shall carry out this
activity through the State energy office that is responsible
for developing the State energy conservation plan under
section 362.
``(c) Contents.--A State developing a State energy
transportation plan under this section shall include in such
plan a plan to--
``(1) deploy a network of electric vehicle supply equipment
to ensure access to electricity for electric vehicles,
including commercial vehicles, to an extent that such
electric vehicles can travel throughout the State without
running out of a charge; and
[[Page H3555]]
``(2) promote modernization of the electric grid, including
through the use of renewable energy sources to power the
electric grid, to accommodate demand for power to operate
electric vehicle supply equipment and to utilize energy
storage capacity provided by electric vehicles, including
commercial vehicles.
``(d) Coordination.--In developing a State energy
transportation plan under this section, a State shall
coordinate, as appropriate, with--
``(1) State regulatory authorities (as defined in section 3
of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2602));
``(2) electric utilities;
``(3) regional transmission organizations or independent
system operators;
``(4) private entities that provide electric vehicle
charging services;
``(5) State transportation agencies, metropolitan planning
organizations, and local governments;
``(6) electric vehicle manufacturers;
``(7) public and private entities that manage vehicle
fleets; and
``(8) public and private entities that manage ports,
airports, or other transportation hubs.
``(e) Technical Assistance.--Upon request of the Governor
of a State, the Secretary shall provide information and
technical assistance in the development, implementation, or
revision of a State energy transportation plan.
``(f) Electric Vehicle Supply Equipment Defined.--For
purposes of this section, the term `electric vehicle supply
equipment' means conductors, including ungrounded, grounded,
and equipment grounding conductors, electric vehicle
connectors, attachment plugs, and all other fittings,
devices, power outlets, or apparatuses installed specifically
for the purpose of delivering energy to an electric
vehicle.''.
(2) Conforming amendment.--The table of sections for part D
of title III of the Energy Policy and Conservation Act is
amended by adding at the end the following:
``Sec. 367. State energy security plans.''.
SEC. 12107. TRANSPORTATION ELECTRIFICATION.
Section 131 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17011) is amended--
(1) in subsection (a)(6)--
(A) in subparagraph (A), by inserting ``, including ground
support equipment at ports'' before the semicolon;
(B) in subparagraph (E), by inserting ``and vehicles''
before the semicolon;
(C) in subparagraph (H), by striking ``and'' at the end;
(D) in subparagraph (I)--
(i) by striking ``battery chargers,''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(E) by adding at the end the following:
``(J) installation of electric vehicle supply equipment for
recharging plug-in electric drive vehicles, including such
equipment that is accessible in rural and urban areas and in
underserved or disadvantaged communities and such equipment
for medium- and heavy-duty vehicles, including at depots and
in-route locations;
``(K) multi-use charging hubs used for multiple forms of
transportation;
``(L) medium- and heavy-duty vehicle smart charging
management and refueling;
``(M) battery recycling and secondary use, including for
medium- and heavy-duty vehicles; and
``(N) sharing of best practices, and technical assistance
provided by the Department to public utilities commissions
and utilities, for medium- and heavy-duty vehicle
electrification.'';
(2) in subsection (b)--
(A) in paragraph (3)(A)(ii), by inserting ``, components
for such vehicles, and charging equipment for such vehicles''
after ``vehicles''; and
(B) in paragraph (6), by striking ``$90,000,000 for each of
fiscal years 2008 through 2012'' and inserting
``$2,000,000,000 for each of fiscal years 2022 through
2026'';
(3) in subsection (c)--
(A) in the header, by striking ``Near-Term'' and inserting
``Large-Scale''; and
(B) in paragraph (4), by striking ``$95,000,000 for each of
fiscal years 2008 through 2013'' and inserting
``$2,500,000,000 for each of fiscal years 2022 through
2026''; and
(4) by redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following:
``(d) Priority.--In providing grants under subsections (b)
and (c), the Secretary shall give priority consideration to
applications that contain a written assurance that all
laborers and mechanics employed by contractors or
subcontractors during construction, alteration, or repair
that is financed, in whole or in part, by a grant provided
under this section shall be paid wages at rates not less than
those prevailing on similar construction in the locality, as
determined by the Secretary of Labor in accordance with
sections 3141 through 3144, 3146, and 3147 of title 40,
United States Code (and the Secretary of Labor shall, with
respect to the labor standards described in this clause, have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title
40, United States Code).''.
SEC. 12108. FEDERAL FLEETS.
(a) Minimum Federal Fleet Requirement.--Section 303 of the
Energy Policy Act of 1992 (42 U.S.C. 13212) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) The Secretary, in consultation with the Administrator
of General Services, shall ensure that in acquiring medium-
and heavy-duty vehicles for a Federal fleet, a Federal entity
shall acquire zero emission vehicles to the maximum extent
feasible.'';
(2) by striking subsection (b) and inserting the following:
``(b) Percentage Requirements.--
``(1) In general.--
``(A) Light-duty vehicles.--Beginning in fiscal year 2025,
100 percent of the total number of light-duty vehicles
acquired by a Federal entity for a Federal fleet shall be
alternative fueled vehicles, of which--
``(i) at least 50 percent shall be zero emission vehicles
or plug-in hybrids in fiscal years 2025 through 2034;
``(ii) at least 75 percent shall be zero emission vehicles
or plug-in hybrids in fiscal years 2035 through 2049; and
``(iii) 100 percent shall be zero emission vehicles in
fiscal year 2050 and thereafter.
``(B) Medium- and heavy-duty vehicles.--The following
percentages of the total number of medium- and heavy-duty
vehicles acquired by a Federal entity for a Federal fleet
shall be alternative fueled vehicles:
``(i) At least 20 percent in fiscal years 2025 through
2029.
``(ii) At least 30 percent in fiscal years 2030 through
2039.
``(iii) At least 40 percent in fiscal years 2040 through
2049.
``(iv) At least 50 percent in fiscal year 2050 and
thereafter.
``(2) Exception.--The Secretary, in consultation with the
Administrator of General Services where appropriate, may
permit a Federal entity to acquire for a Federal fleet a
smaller percentage than is required in paragraph (1) for a
fiscal year, so long as the aggregate percentage acquired for
each class of vehicle for all Federal fleets in the fiscal
year is at least equal to the required percentage.
``(3) Definitions.--In this subsection:
``(A) Federal fleet.--The term `Federal fleet' means a
fleet of vehicles that are centrally fueled or capable of
being centrally fueled and are owned, operated, leased, or
otherwise controlled by or assigned to any Federal executive
department, military department, Government corporation,
independent establishment, or executive agency, the United
States Postal Service, the courts of the United States, or
the Executive Office of the President. Such term does not
include--
``(i) motor vehicles held for lease or rental to the
general public;
``(ii) motor vehicles used for motor vehicle manufacturer
product evaluations or tests;
``(iii) law enforcement vehicles;
``(iv) emergency vehicles; or
``(v) motor vehicles acquired and used for military
purposes that the Secretary of Defense has certified to the
Secretary must be exempt for national security reasons.
``(B) Fleet.--The term `fleet' means--
``(i) 20 or more light-duty vehicles, located in a
metropolitan statistical area or consolidated metropolitan
statistical area, as established by the Bureau of the Census,
with a 1980 population of more than 250,000; or
``(ii) 10 or more medium- or heavy-duty vehicles, located
at a Federal facility or located in a metropolitan
statistical area or consolidated metropolitan statistical
area, as established by the Bureau of the Census, with a 1980
population of more than 250,000.''; and
(3) in subsection (f)(2)(B)--
(A) by striking ``, either''; and
(B) in clause (i), by striking ``or'' and inserting
``and''.
(b) Federal Fleet Conservation Requirements.--Section
400FF(a) of the Energy Policy and Conservation Act (42 U.S.C.
6374e) is amended--
(1) in paragraph (1)--
(A) by striking ``18 months after the date of enactment of
this section'' and inserting ``12 months after the date of
enactment of the INVEST in America Act'';
(B) by striking ``2010'' and inserting ``2022''; and
(C) by striking ``and increase alternative fuel
consumption'' and inserting ``, increase alternative fuel
consumption, and reduce vehicle greenhouse gas emissions'';
and
(2) by striking paragraph (2) and inserting the following:
``(2) Goals.--The goals of the requirements under paragraph
(1) are that each Federal agency shall--
``(A) reduce fleet-wide per-mile greenhouse gas emissions
from agency fleet vehicles, relative to a baseline of
emissions in 2015, by--
``(i) not less than 30 percent by the end of fiscal year
2025;
``(ii) not less than 50 percent by the end of fiscal year
2030; and
``(iii) 100 percent by the end of fiscal year 2050; and
``(B) increase the annual percentage of alternative fuel
consumption by agency fleet vehicles as a proportion of total
annual fuel consumption by Federal fleet vehicles, to
achieve--
``(i) 25 percent of total annual fuel consumption that is
alternative fuel by the end of fiscal year 2025;
``(ii) 50 percent of total annual fuel consumption that is
alternative fuel by the end of fiscal year 2035; and
``(iii) at least 85 percent of total annual fuel
consumption that is alternative fuel by the end of fiscal
year 2050.''.
[[Page H3556]]
Subtitle B--Electric Vehicles for Underserved Communities
SEC. 12111. EXPANDING ACCESS TO ELECTRIC VEHICLES IN
UNDERSERVED AND DISADVANTAGED COMMUNITIES.
(a) In General.--
(1) Assessment.--The Secretary shall conduct an assessment
of the state of, challenges to, and opportunities for the
deployment of electric vehicle charging infrastructure in
underserved or disadvantaged communities located throughout
the United States.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the results of the
assessment conducted under paragraph (1), which shall--
(A) describe the state of deployment of electric vehicle
charging infrastructure in underserved or disadvantaged
communities located in urban, suburban, and rural areas,
including a description of--
(i) the state of deployment of electric vehicle charging
infrastructure that is--
(I) publicly accessible;
(II) installed in or available to occupants of public and
affordable housing;
(III) installed in or available to occupants of multi-unit
dwellings;
(IV) available to public sector and commercial fleets; and
(V) installed in or available at places of work;
(ii) policies, plans, and programs that cities, States,
utilities, and private entities are using to encourage
greater deployment and usage of electric vehicles and the
associated electric vehicle charging infrastructure,
including programs to encourage deployment of publicly
accessible electric vehicle charging stations and electric
vehicle charging stations available to residents in publicly
owned and privately owned multi-unit dwellings;
(iii) ownership models for Level 2 charging stations and DC
FAST charging stations located in residential multi-unit
dwellings, commercial buildings, and publicly accessible
areas;
(iv) mechanisms for financing electric vehicle charging
stations; and
(v) rates charged for the use of Level 2 charging stations
and DC FAST charging stations;
(B) identify current barriers to expanding deployment of
electric vehicle charging infrastructure in underserved or
disadvantaged communities in urban, suburban, and rural
areas, including barriers to expanding deployment of publicly
accessible electric vehicle charging infrastructure;
(C) identify the potential for, and barriers to, recruiting
and entering into contracts with locally owned small and
disadvantaged businesses, including women and minority-owned
businesses, to deploy electric vehicle charging
infrastructure in underserved or disadvantaged communities in
urban, suburban, and rural areas;
(D) compile and provide an analysis of best practices and
policies used by State and local governments, nonprofit
organizations, and private entities to increase deployment of
electric vehicle charging infrastructure in underserved or
disadvantaged communities in urban, suburban, and rural
areas, including best practices and policies relating to--
(i) public outreach and engagement;
(ii) increasing deployment of publicly accessible electric
vehicle charging infrastructure; and
(iii) increasing deployment of electric vehicle charging
infrastructure in publicly owned and privately owned multi-
unit dwellings;
(E) to the extent practicable, enumerate and identify in
urban, suburban, and rural areas within each State with
detail at the level of ZIP Codes and census tracts--
(i) the number of existing and planned publicly accessible
Level 2 charging stations and DC FAST charging stations for
individually owned light-duty and medium-duty electric
vehicles;
(ii) the number of existing and planned Level 2 charging
stations and DC FAST charging stations for public sector and
commercial fleet electric vehicles and medium- and heavy-duty
electric vehicles; and
(iii) the number and type of electric vehicle charging
stations installed in or available to occupants of public and
affordable housing; and
(F) describe the methodology used to obtain the information
provided in the report.
(b) Five-Year Update Assessment.--Not later than 5 years
after the date of the enactment of this Act, the Secretary
shall--
(1) update the assessment conducted under subsection
(a)(1); and
(2) make public and submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report, which
shall--
(A) update the information required by subsection (a)(2);
and
(B) include a description of case studies and key lessons
learned after the date on which the report under subsection
(a)(2) was submitted with respect to expanding the deployment
of electric vehicle charging infrastructure in underserved or
disadvantaged communities in urban, suburban, and rural
areas.
SEC. 12112. ELECTRIC VEHICLE CHARGING EQUITY PROGRAM.
(a) Program.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall establish a
program, to be known as the EV Charging Equity Program, to
increase deployment and accessibility of electric vehicle
charging infrastructure in underserved or disadvantaged
communities by--
(1) providing technical assistance to eligible entities
described in subsection (e); and
(2) awarding grants on a competitive basis to eligible
entities described in subsection (e) for projects that
increase such deployment and accessibility of electric
vehicle charging infrastructure, including projects that
are--
(A) publicly accessible;
(B) located within or are easily accessible to residents
of--
(i) public or affordable housing;
(ii) multi-unit dwellings; or
(iii) single-family homes; and
(C) located within or easily accessible to places of work,
provided that such electric vehicle charging infrastructure
is accessible no fewer than 5 days per week.
(b) Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
amount of a grant awarded under this section for a project
shall not exceed 80 percent of project costs.
(2) Single-family homes.--The amount of a grant awarded
under this section for a project that involves, as a primary
focus, single-family homes shall not exceed 60 percent of
project costs.
(c) Limitation.--Not more than 15 percent of the amount
awarded for grants under this section in a fiscal year shall
be awarded for projects that involve, as a primary focus,
single-family homes.
(d) Priority.--In awarding grants and providing technical
assistance under this section, the Secretary shall give
priority to projects that--
(1) provide the greatest benefit to the greatest number of
people within an underserved or disadvantaged community;
(2) incorporate renewable energy resources;
(3) maximize local job creation, particularly among low-
income, women, and minority workers; or
(4) utilize or involve locally owned small and
disadvantaged businesses, including women and minority-owned
businesses.
(e) Eligible Entities.--
(1) In general.--To be eligible for a grant or technical
assistance under the EV Charging Equity Program, an entity
shall be--
(A) an individual or household that is the owner of where a
project will be carried out;
(B) a State, local, Tribal, or Territorial government, or
an agency or department thereof;
(C) an electric utility, including--
(i) a municipally owned electric utility;
(ii) a publicly owned electric utility;
(iii) an investor-owned utility; and
(iv) a rural electric cooperative;
(D) a nonprofit organization or institution;
(E) a public housing authority;
(F) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001));
(G) a local small or disadvantaged business; or
(H) a partnership between any number of eligible entities
described in subparagraphs (A) through (G).
(2) Updates.--The Secretary may add to or otherwise revise
the list of eligible entities under paragraph (1) if the
Secretary determines that such an addition or revision would
be beneficial to increasing deployment and accessibility of
electric vehicle charging infrastructure in underserved or
disadvantaged communities.
(f) Public Notice and Request for Applications.--The
Secretary shall publish in the Federal Register, and such
other publications as the Secretary considers to be
appropriate, a notice and request for applications to carry
out projects under the EV Charging Equity Program.
(g) Education and Outreach.--
(1) In general.--In carrying out the EV Charging Equity
Program, the Secretary shall establish an education and
outreach component of such Program to ensure that information
regarding such Program and the benefits and opportunities for
electric vehicle charging is made available to individuals
and relevant entities that live within or serve underserved
or disadvantaged communities.
(2) Requirements.--At a minimum, the education and outreach
component of the EV Charging Equity Program established under
this subsection shall include--
(A) the development and dissemination of an electric
vehicle charging resource guide that is--
(i) maintained electronically on a website;
(ii) available to the public, free of charge; and
(iii) directed specifically towards individuals and
relevant entities that live within or serve underserved or
disadvantaged communities;
(B) targeted outreach towards, and coordinated public
outreach with, relevant local, State, and Tribal entities,
nonprofit organizations, and institutions of higher
education, that are located within or serve underserved or
disadvantaged communities; and
(C) any other such forms of education or outreach as the
Secretary determines appropriate to increase awareness of and
access to the EV Charging Equity Program.
(h) Reports to Congress.--Not later than 1 year after the
EV Charging Equity Program is established under this section,
and not less frequently than once every 2 years
[[Page H3557]]
after that, the Secretary shall submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, and
make publicly available, a report on the status of the EV
Charging Equity Program, including a list and description of
projects that have received grant awards or technical
assistance, and of the funding or assistance provided to such
projects.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $96,000,000 for
each of fiscal years 2022 through 2026.
SEC. 12113. ENSURING PROGRAM BENEFITS FOR UNDERSERVED AND
DISADVANTAGED COMMUNITIES.
In administering a relevant program, the Secretary shall,
to the extent practicable, invest or direct available and
relevant programmatic resources so that such program--
(1) promotes electric vehicle charging infrastructure;
(2) supports clean and multi-modal transportation;
(3) provides improved air quality and emissions reductions;
and
(4) prioritizes the needs of underserved or disadvantaged
communities.
SEC. 12114. DEFINITIONS.
In this subtitle:
(1) Electric vehicle charging infrastructure.--The term
``electric vehicle charging infrastructure'' means electric
vehicle supply equipment, including any conductors, electric
vehicle connectors, attachment plugs, and all other fittings,
devices, power outlets, or apparatuses installed specifically
for the purposes of delivering energy to an electric vehicle.
(2) Publicly accessible.--The term ``publicly accessible''
means, with respect to electric vehicle charging
infrastructure, electric vehicle charging infrastructure that
is available, at zero or reasonable cost, to members of the
public for the purpose of charging a privately owned or
leased electric vehicle, or electric vehicle that is
available for use by members of the general public as part of
a ride service or vehicle sharing service or program,
including within or around--
(A) public sidewalks and streets;
(B) public parks;
(C) public buildings, including--
(i) libraries;
(ii) schools; and
(iii) government offices;
(D) public parking;
(E) shopping centers; and
(F) commuter transit hubs.
(3) Relevant program.--The term ``relevant program'' means
a program of the Department of Energy, including--
(A) the State energy program under part D of title III the
Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.);
(B) the Clean Cities program;
(C) the Energy Efficiency and Conservation Block Grant
Program established under section 542 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17152);
(D) loan guarantees made pursuant to title XVII of the
Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.); and
(E) such other programs as the Secretary determines
appropriate.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Underserved or disadvantaged community.--The term
``underserved or disadvantaged community'' means a community
located within a ZIP Code or census tract that is identified
as--
(A) a low-income community;
(B) a community of color;
(C) a Tribal community;
(D) having a disproportionately low number of electric
vehicle charging stations per capita, compared to similar
areas; or
(E) any other community that the Secretary determines is
disproportionately vulnerable to, or bears a disproportionate
burden of, any combination of economic, social,
environmental, and climate stressors.
TITLE II--PROMOTING DOMESTIC ADVANCED VEHICLE MANUFACTURING
SEC. 12201. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
(a) Hybrid Vehicles, Advanced Vehicles, and Fuel Cell
Buses.--Subtitle B of title VII of the Energy Policy Act of
2005 (42 U.S.C. 16061 et seq.) is amended--
(1) in the subtitle header, by inserting ``Plug-In Electric
Vehicles,'' before ``Hybrid Vehicles''; and
(2) in part 1, in the part header, by striking ``hybrid''
and inserting ``plug-in electric''.
(b) Plug-In Electric Vehicles.--Section 711 of the Energy
Policy Act of 2005 (42 U.S.C. 16061) is amended to read as
follows:
``SEC. 711. PLUG-IN ELECTRIC VEHICLES.
``The Secretary shall accelerate efforts, related to
domestic manufacturing, that are directed toward the
improvement of batteries, power electronics, and other
technologies for use in plug-in electric vehicles.''.
(c) Efficient Hybrid and Advanced Diesel Vehicles.--Section
712 of the Energy Policy Act of 2005 (42 U.S.C. 16062) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, plug-in electric,''
after ``efficient hybrid''; and
(B) by amending paragraph (3) to read as follows:
``(3) Priority.--Priority shall be given to--
``(A) the refurbishment or retooling of manufacturing
facilities that have recently ceased operation or would
otherwise cease operation in the near future; and
``(B) applications containing--
``(i) a written assurance that--
``(I) all laborers and mechanics employed by contractors or
subcontractors during construction, alteration, or repair, or
at any manufacturing operation, that is financed, in whole or
in part, by a loan under this section shall be paid wages at
rates not less than those prevailing in a similar firm or on
similar construction in the locality, as determined by the
Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code; and
``(II) the Secretary of Labor shall, with respect to the
labor standards described in this paragraph, have the
authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
section 3145 of title 40, United States Code;
``(ii) a disclosure of whether there has been any
administrative merits determination, arbitral award or
decision, or civil judgment, as defined in guidance issued by
the Secretary of Labor, rendered against the applicant in the
preceding 3 years for violations of applicable labor,
employment, civil rights, or health and safety laws;
``(iii) specific information regarding the actions the
applicant will take to demonstrate compliance with, and where
possible exceedance of, requirements under applicable labor,
employment, civil rights, and health and safety laws, and
actions the applicant will take to ensure that its direct
suppliers demonstrate compliance with applicable labor,
employment, civil rights, and health and safety laws; and
``(iv) an estimate and description of the jobs and types of
jobs to be retained or created by the project and the
specific actions the applicant will take to increase
employment and retention of dislocated workers, veterans,
individuals from low-income communities, women, minorities,
and other groups underrepresented in manufacturing, and
individuals with a barrier to employment.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Cost Share and Guarantee of Operation.--
``(1) Condition.--A recipient of a grant under this section
shall pay the Secretary the full amount of the grant if the
facility financed in whole or in part under this subsection
fails to manufacture goods for a period of at least 10 years
after the completion of construction.
``(2) Cost share.--Section 988(c) shall apply to a grant
made under this subsection.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$2,500,000,000 for each of fiscal years 2022 through 2026.
``(e) Period of Availability.--An award made under this
section after the date of enactment of this subsection shall
only be available with respect to facilities and equipment
placed in service before December 30, 2035.''.
(d) Conforming Amendment.--The table of contents of the
Energy Policy Act of 2005 is amended--
(1) in the item relating to subtitle B of title VII, by
inserting ``Plug-In Electric Vehicles,'' before ``Hybrid
Vehicles'';
(2) in the item relating to part 1 of such subtitle, by
striking ``Hybrid'' and inserting ``Plug-In Electric''; and
(3) in the item relating to section 711, by striking
``Hybrid'' and inserting ``Plug-in electric''.
amendment no. 92 offered by ms. schrier of washington
At the end of subtitle F of title I of division B, add the
following:
SEC. 1640. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION
PROGRAM.
Public Law 88-657 (16 U.S.C. 532 et seq.) (commonly known
as the ``Forest Roads and Trails Act'') is amended by adding
at the end the following:
``SEC. 8. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION
PROGRAM.
``(a) Establishment.--The Secretary shall establish the
Forest Service Legacy Roads and Trails Remediation Program
(referred to in this section as `the Program').
``(b) Administration.--The Program shall be administered by
the Secretary, acting through the Chief of the Forest
Service.
``(c) Activities.--In carrying out the Program, the
Secretary shall, taking into account predicted changes in
weather and hydrology related to global climate change--
``(1) carry out storm damage risk reduction, including
deferred maintenance, repairs, road and trail relocation, and
associated activities on National Forest System roads,
National Forest System trails, and tunnels and bridges under
the jurisdiction of the Forest Service;
``(2) restore waterways and natural migration for fish and
other aquatic species by removing, repairing, or replacing
culverts or other infrastructure from such waterways; and
``(3) decommission National Forest System roads and
unauthorized roads and trails under National Forest System
jurisdiction in accordance with subsection (f).
``(d) Priority.--In implementing the Program, the Secretary
shall give priority to projects that protect or restore--
``(1) water quality and watershed function;
``(2) a watershed that supplies a public drinking water
system;
[[Page H3558]]
``(3) the habitat of a threatened, endangered, or sensitive
fish or wildlife species, or species of conservation concern;
or
``(4) a watershed for which the Secretary has completed a
watershed protection and restoration action plan pursuant to
section 304 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6543).
``(e) National Forest System.--Except with respect to a
project carried out on a watershed for which the Secretary
has a cooperative agreement under section 323 of the
Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 1011a), each project
carried out under this section shall be on a National Forest
System road, National Forest System trail, or unauthorized
road or trail under National Forest System jurisdiction.
``(f) Unneeded National Forest System Roads.--As soon as
practicable after identifying a road as unneeded under
subpart A of part 212 of title 36, Code of Federal
Regulations (as in effect on the date of the enactment of
this section), the Secretary shall--
``(1) decommission such road; or
``(2) convert such road to a system trail.
``(g) Review; Revision.--The Secretary shall review, and
may revise, an identification made under subpart A of part
212 of title 36 Code of Federal Regulations (as in effect on
the date of enactment of this section).
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000 for
each of fiscal years 2021 through 2030.''.
amendment no. 104 offered by mrs. torres of california
At the end of subtitle F of title I of division B, add the
following:
SEC. 1640. COMPTROLLER GENERAL REPORT ON HIGH-SPEED INTERNET
CONNECTIVITY IN FEDERALLY-ASSISTED HOUSING.
(a) In General.--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 on broadband service
in Federally-assisted housing.
(b) Contents.--The report required under subsection (a)
shall include--
(1) an analysis of Federally-assisted housing units that
have access to broadband service and the number of such units
that do not have access to broadband service, disaggregated
by State, county, and congressional district, that includes
geographic information and any Federal agency responsible for
such units;
(2) an analysis of which such units are not currently
capable of supporting broadband service deployment and would
require retrofitting to support broadband service deployment,
disaggregated by State, county, and congressional district,
that includes geographic information and any Federal agency
responsible for such units;
(3) an analysis of the estimated costs and timeframe
necessary for retrofitting buildings to achieve 100 percent
access to broadband service;
(4) an analysis of the challenges to more widespread
deployment of broadband service, including the comparative
markets dynamics to expansion in rural areas and low-income
urban areas, and the challenges to pursuing retrofits to
achieve 100 percent access to broadband service;
(5) descriptions of lessons learned from previous
retrofitting actions;
(6) an evaluation of the ConnectHome pilot program of the
Secretary of Housing and Urban Development; and
(7) recommendations for Congress for achieving 100 percent
access to broadband service in Federally-assisted housing.
(c) Definitions.--In this section:
(1) Broadband service.--The term ``broadband service'' has
the meaning given the term ``broadband internet access
service'' in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
(2) Federally-assisted housing.--In this section, the term
``Federally-assisted housing'' means--
(A) any single-family or multifamily housing that is
assisted under a program administered by the Secretary of
Housing and Urban Development or the Secretary of
Agriculture; or
(B) housing eligible for a Federal low-income housing tax
credit.
amendment no. 113 offered by ms. leger fernandez of new mexico
Page 705 after line 3, insert the following:
SEC. 1640. HISTORIC PRESERVATION FUND.
Section 303102 of title 54, United States Code, is amended
by--
(1) striking ``of fiscal years 2012 to 2023'' and inserting
``fiscal year''; and
(2) striking ``$150,000,000'' and inserting
``$300,000,000''.
amendment no. 115 offered by ms. jackson lee of texas
Page 413, strike lines 15 through 21 and insert the
following:
``(2) Suballocation.--
``(A) In general.--For each fiscal year for which funds are
set aside under this subsection, such funds shall be
obligated within a State in the manner described in
subsections (d) and (e) of section 133, except that, for the
purposes of this subsection--
``(i) the percentage referred to in section 133(d)(1)(A)
shall be treated as 100 percent; and
``(ii) before obligating funds for a project located fully
or partially within an area described in subparagraph (B)
that is under the jurisdiction of a unit of local government,
a State or metropolitan planning organization shall consult
with such unit of local government regarding project
selection.
``(B) Area described.--An area described in this
subparagraph is an area with a population greater than
200,000.
The SPEAKER pro tempore. Pursuant to House Resolution 508, the
gentleman from Oregon (Mr. DeFazio) and the gentleman from Arkansas
(Mr. Crawford) each will control 10 minutes.
The Chair recognizes the gentleman from Oregon.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume
Mr. Speaker, I rise in strong support of this en bloc amendment,
which provides for the consideration of 38 amendments filed by Members
and made in order by the Committee on Rules. The amendments contained
in this en bloc touch upon various policy areas in the base bill.
The surface transportation amendments include:
Expressing the sense of Congress on the importance of protecting
workers in transition to electric vehicles.
Promoting a more diverse transportation workforce and more inclusive
work sites for infrastructure projects.
Allowing high-performing local public agencies to utilize enhanced
project delivery methods when appropriate.
Expanding the number of veterans in the transportation sector through
the Transportation Workforce Outreach Program.
Requiring EV supply equipment projects to be performed by qualified
electricians with proper certification.
Adding language to increase bridge resiliency for seismic events.
Strengthening reporting requirements under the Reconnecting
Neighborhoods Program.
Allowing private high-speed rail projects access to credit risk
premium subsidies for rail financing to develop high-speed rail
projects.
These are just some of the highlights of the amendments included. I
thank my colleagues for their thoughtful amendments to improve the
INVEST in America Act. I urge the adoption of the amendment. I will
remember to vote properly this time, and I reserve the balance of my
time.
Mr. CRAWFORD. Mr. Speaker, I yield myself such time as I may consume,
and I claim the time in opposition to this en bloc of amendments.
Again, this bill is nothing more than a partisan exercise, and this
en bloc just throws together, again, a bunch of bad ideas with little
opportunity for input or debate.
Nothing further proves that point than the disproportionate amount of
Democrat amendments we will be considering today, many of which will
not be subjected to the scrutiny of standalone votes or debate.
Over 100 Democrat amendments have been approved by the Rules
Committee while less than 30 Republican amendments have been made in
order.
Unfortunately, this is not just about the terrible legislative
process--it is also about the policy which moves forward with no pay-
for in sight. This is completely unacceptable.
Members should not be forced to choose between voting on a bill that
just burdens future generations of Americans with more debt and greater
dependence on China or passing another short-term surface extension.
But those are the two options presented to us by the majority here
today.
What we are looking at is a bill with policies that prevent rural
communities from growing and that raises inflation so average Americans
will continue to see rising prices in everyday products like milk and
gas.
I had hoped we wouldn't make this bad bill even worse, but this en
bloc only adds more spending and more bad policies.
This bill is over 1,600 pages and over 230 amendments were filed by
Members on both sides. But we are going to spend less than 12 hours
working through amendments and debate to rush to an inevitable partisan
vote.
This is not a process anyone should be proud of and very indicative
of how we got here today: just a one-sided, my-way-or-the-highway
approach.
Mr. Speaker, I urge my colleagues to oppose this en bloc amendment,
and I reserve the balance of my time.
[[Page H3559]]
Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to gentleman from Texas
(Mr. Doggett).
Mr. DOGGETT. Mr. Speaker, since they make such important decisions
concerning mobility, social and economic opportunity, metropolitan
planning organizations across the country have boards that should be
fully representative of all those who are served within their
jurisdiction. And while some MPOs do just that, my amendment No. 25,
which was a part of en bloc No. 1, addresses those that do not by
ensuring that MPO board membership is equal, equitable, and
proportional to the population.
I would like to engage in a colloquy with the chairman.
Mr. Chairman, I thank you for supporting this amendment and trust
that you share that objective.
Mr. DeFAZIO. I totally concur in the amendment.
Mr. DOGGETT. If, for example, as happened down in Texas, an MPO
arbitrarily provides that a new MPO voting representative gets added
any time a new city comes along and surpasses a population of 50,000,
but is not providing a voting representative for every 50,000 residents
in longstanding urban areas, would you agree that that does not
constitute representation which is equal, proportional, or equitable,
and that with the adoption of this amendment a change must be made to
ensure equal representation?
Mr. DeFAZIO. Absolutely, I concur with the gentleman.
Mr. DOGGETT. I thank you very much for accepting the amendment. I
think it will be helpful to us here.
Much of my concern about this issue arose from the fact that in our
area, my hometown of Austin, an effort was made to require in
transportation planning that we measure greenhouse gas emissions and
that we consider that. It was rejected, and it is not representative of
the feelings of people in the central Texas area.
I appreciate not only your endorsing amendment No. 25, which can
bring about important changes, but also incorporating in the base bill
the Green Transportation Act which we worked on with your staff to
ensure that greenhouse gas emissions are measured, evaluated, and
considered in transportation planning.
{time} 2015
Mr. CRAWFORD. Mr. Speaker, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Pallone).
Mr. PALLONE. Mr. Speaker, I stand in support of this amendment. I
would like to thank the chairman of the Energy and Commerce's Energy
Subcommittee, Chairman Rush, for his dedicated commitment to supporting
the development of electric vehicle infrastructure.
Electrifying the transportation sector is critical to meeting our
climate goals. It is expected that nearly seven million electric
vehicles will be sold per year by 2025. To ensure we are ready for this
growing demand, we must invest in the necessary charging and
manufacturing infrastructure so that Americans are able to reliably
power their cars. Chairman Rush's amendment is crucial to this effort
and supports charging infrastructure build-out.
We must also guarantee the benefits of electric vehicles are
available and accessible to all communities. Minority communities and
rural and underserved communities, stand to benefit from EV
infrastructure development, as EV charging infrastructure can help
support local economies and help support reduced emissions. Provisions
in this amendment help address the lack of EV infrastructure in these
communities and bring resources to this area.
Additionally, as we see growing EV adoption in this country, we must
make sure our transition prioritizes American workers.
Mr. CRAWFORD. Mr. Speaker, I yield myself such time as I may consume.
Again, just as a reminder for the many of the tens of people who are
watching at home, this en bloc amendment contains 38 Democrat
amendments. In contrast to the en bloc No. 3 that we just considered
that contained all of the Republican amendments, only 19 were
considered there. So that represents, again, 8 percent of the total
number of amendments that were made in order.
And there are a good number of these amendments, by the way, that are
offered by Members on the committee. In fact, I mean, there are an
awful lot of them. And it just underscores how this process has been so
flawed and so ill-conceived.
Back in the not-too-distant past--I have been on this committee now
for 11 years--we would bring a bill to committee to mark up, and it was
agreed upon by the four principals of the committee. And the amendments
would be agreed upon by the four principals of the committee, and that
is how we achieved bipartisanship. Those days, apparently, are gone.
Mr. Speaker, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from
Rhode Island (Mr. Cicilline).
Mr. CICILLINE. Mr. Speaker, our infrastructure is stuck in the 1950s,
and it doesn't have to be this way. It is long past time for America to
bring our bridges, roads, public transit, and water infrastructure into
the 21st century.
The INVEST in America Act provides $715 billion to accomplish this
goal through bold investments in modern, sustainable infrastructure.
This legislation will create millions of good-paying jobs while
combating climate change and investing in the well-being of our cities
and towns.
I worked with Chairman DeFazio and the committee to secure nearly $20
million in funding for four high-priority infrastructure projects in
Rhode Island.
The quality of roads and bridges is particularly important. That is
why I introduced amendment 19, to bring funding for the National Scenic
Byways Program in line with historic funding levels, adjusted for
inflation. This will allow the Secretary of Transportation to designate
new National Scenic Byways and All-American Roads; and allow already
designated roads, including the Revolutionary Heritage Byway in
Bristol, Rhode Island, to apply for competitive grants.
I urge the House to adopt the en bloc package 4, which includes my
amendment No. 19, and to pass the underlying bill without delay.
Mr. CRAWFORD. Mr. Speaker, may I inquire as to the remaining time?
The SPEAKER pro tempore. The gentleman from Arkansas has 7\1/2\
minutes remaining. The gentleman from Oregon has 5 minutes remaining.
Mr. CRAWFORD. Mr. Speaker, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from
Massachusetts (Mr. Moulton), a member of the committee.
Mr. MOULTON. Mr. Speaker, I rise to urge passage of my amendment to
increase funding for the Passenger Rail Improvement, Modernization, and
Expansion program.
The coalition that supports the PRIME program spans ideology and
geography. We are united in this belief: America can still do big
things.
Ten of our colleagues joined me by cosponsoring this amendment and,
today, 80 Representatives and Senators joined Representatives Costa,
Ocasio-Cortez, and me, calling for investments in high-speed rail.
In our country today, transportation is the leading driver of carbon
emissions. Americans have fewer options for inner-city travel than
citizens of China and France. And families are unable to afford homes
where they work, and they can't go to where they work from where they
can afford homes.
On top of that, trains are slower in America today than they were in
the 1930s, a century ago.
The PRIME program is a great first step to fixing these problems.
Regions like the Pacific Northwest can create an economic mega-region
and see a 10:1 return by investing in the Cascadia High-Speed Rail
Corridor, at less than half the cost of another lane of highway in
either direction.
Americans across the Midwest would have access to new jobs and
housing opportunities. You could live in Chattanooga and get to work in
Atlanta in a little more than a half hour.
We can build a system that is faster than driving and more convenient
than flying, and we can power it on low-power emissions.
Mr. Speaker, there is no reason we shouldn't adopt this.
[[Page H3560]]
Mr. CRAWFORD. Mr. Speaker, I yield myself such time as I may consume.
American demand for high-speed rail is low; and Federal money for
transportation must be spent on projects and infrastructure that
Americans need and use.
The issue is not whether America must lead the world in high-speed
rail, but whether Americans actually want high-speed rail.
In California, the high-speed rail project launched in 2008 has been
continually plagued by cost increases and delays. According to the L.A.
Times, costs have gone from $33 billion to over $100 billion, and it is
at least 12 years behind schedule.
These projects inevitably result in environmental and endangered
species concerns, eminent domain fights, potential displacement of
families and businesses, including in low-income communities, and
highly questionable demand that will leave these railroads dependent on
government subsidies forever.
Mr. Speaker, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Panetta).
Mr. PANETTA. Mr. Speaker, I rise in support of my amendment to the
INVEST in America Act that would save our Nation's pollinators.
In my district, on the Central Coast, we grow over 100 different
specialty crops that greatly contribute to our Nation's food security.
But what many people don't realize is that our agriculture, from the
Central Coast, or to the center of America, would not be possible
without our pollinators.
Unfortunately, Mr. Speaker, those pollinators and their habitats on
are the verge of extinction. That is why the robust investment, as
provided in my amendment, is needed now more than ever. The amendment
sets up grant programs that State transportation departments can use to
grow more flora and fauna, from grasses to wildflowers to milkweed, so
that pollinators can thrive.
I want to thank Representative Carbajal, my Central Coast neighbor,
for his partnership on this amendment, and our work together on bills
and amendments like this to revive our pollinators habitats and regrow
their population.
By passing this amendment, we not only can save the pollinators, but
we can also secure the food supply of our Nation.
Mr. CRAWFORD. Mr. Speaker, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from
Texas (Ms. Escobar).
Ms. ESCOBAR. Mr. Speaker, I thank both committees of jurisdiction for
their work on the INVEST in America Act.
I would like to share some of the significant resources that this
bill will bring to my home district of El Paso, Texas.
This bill would bring almost $20 million in investment directly to
two projects for the city and county of El Paso. The first project, the
John Hayes Extension, would assist the exponential growth we have seen
in the Eastern portion of our country.
The second project, the Stanton Street Bridge Intelligent
Transportation System, would improve the traffic flow around this land
port of entry.
The INVEST in America Act also establishes the Reconnecting
Neighborhoods Program to help communities, like downtown El Paso, that
were divided when highways, such as I-10, were built through the heart
of our city.
The amendments I have offered to this bill would bring crucial
funding to some of the most economically disadvantaged members of our
community. They also recognize our key location on the U.S.-Mexico
trade corridor.
My amendments include millions of dollars for colonial surface,
drinking water, and wastewater infrastructure, as well as an increase
in an optional set-aside for infrastructure critical to trade in border
communities.
Simply put, the INVEST in America Act is a transformational measure
for El Paso, and I look forward to voting for it.
Mr. CRAWFORD. Mr. Speaker, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. Krishnamoorthi).
Mr. KRISHNAMOORTHI. Mr. Speaker, I rise to urge my colleagues to
support this en bloc amendment, which includes mine and Representative
Porter's amendment to improve booster seat safety.
In December, my Oversight Subcommittee on Economic and Consumer
Policy released a concerning report on the safety of booster seats for
children. Booster seatmakers have been marketing their booster seats as
safe for 30-pound children, a standard not recommended by experts. And
these makers have been left largely unregulated when it comes to side-
impact testing.
Some makers gave passing grades to booster seats because the seat
maintained its structural integrity. Meanwhile, the dummy was damaged.
And we all know what a damaged dummy equates to: The severe spinal cord
or other injuries to a child.
We expect the products we buy to be tried and true, but, sadly, that
is not the case with booster seats. And when it comes to our children,
we cannot continue to stand idly by.
My amendment would require NHTSA to revise their recommended minimum
weight for a booster seat to 40 pounds, and would require booster
seatmakers to produce labels that display recommendations clearly for
parents.
Mr. CRAWFORD. Mr. Speaker, I reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentleman has 1 minute remaining.
Mr. DeFAZIO. Mr. Speaker, I yield myself the balance of my time.
Well, we have heard the same tired arguments: Over 200 amendments in
committee from the Republicans.
And today, all day, on the floor: Not bipartisan.
It is pretty simple, if you deny climate change and you deny the need
to do things differently than the failures of the last 30 years in
building 35,000 lane miles and making congestion worse in our 100
largest cities; and you don't want to fund transit; and you don't want
to fund rail options; and transit includes rural areas and small
cities, which is a new emphasis in this program; if you don't want to
repair America's 47,000 crumbling bridges and national highway system,
you are proposing $20 billion less than we are for repairing bridges
and highways.
You object to the fact that we want States to fix things first, and
also to look at alternatives to paving over the whole country and
causing more induced congestion. You deny climate change. You deny
fossil fuel pollution.
I hope you don't go through what my region just went through. We have
had 50 people die in Portland. No one has air-conditioning there; two-
thirds of the people don't. It has never been--it was 45 degrees above
normal. This is not normal.
Climate change is real. Keep up the denial and you are going to
destroy this country and the planet.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
Mr. CRAWFORD. Mr. Speaker, may I inquire as to how much time I have
remaining?
The SPEAKER pro tempore. The gentleman has 7 minutes remaining.
Mr. CRAWFORD. Mr. Speaker, I will try to only use 6 of those 7
minutes.
Mr. Speaker, I yield myself such time as I may consume.
This bill contains--tons of money just won't matter if we fail to
support programs for roads and bridges. The huge funding levels aren't
what they appear to be because the bill spreads the dollars thin over
41 new programs; adds many new burdensome mandates to programs that
States rely on; doesn't include meaningful regulatory reforms so
dollars are used more effectively.
Instead of getting money to States quickly so they can use it how
they need, the majority adds new restrictions, like prohibiting new
highway capacity that would hamper States' ability to build the
projects that their communities need.
{time} 2030
Really, this is the wrong time for this big, drastic change. This
bill wants
[[Page H3561]]
to force Americans off the roads and into transit and passenger rail.
But the central planning push couldn't come at a worse time because of
the pandemic-related uncertainty and ongoing changes in transportation,
work, and living patterns that will last for years to come.
Even before the pandemic, 85 percent of Americans traveled to work in
a car, truck, or van, and only 5 percent used public transportation.
But the majority chose to bankrupt the programs the overwhelming
majority of Americans rely on.
As employers are becoming more flexible with teleworking, the
majority believes we should be less flexible with our State and local
partners. We should focus on core infrastructure and proven programs
that provide for flexibility instead of dictating a one-size-fits-all
progressive idea of what transportation should look like.
The majority calls this is a transformative bill. Well, the American
people can be assured they will see the price of gas and goods
transform upwards with the increasing inflation this unpaid-for bill
will drive.
We just heard 38 amendments and not a single reference to how any of
those would be paid for. In fact, there is not any pay-for in this
entire bill. Any argument that we don't want to work with the majority
is just simply false.
In addition to the strong resiliency title in Republican bill STARTER
Act 2.0, I frequently said I was willing to work with the majority. And
the ranking member said that he wanted to work with the majority on
their priority of reducing transportation's impact on the environment,
but that we also needed to work to address Republican priorities like
streamlining. They simply refused.
In committee, we proposed compromises that would include both climate
and streamlining provisions and offered a ``Buy American'' amendment to
ensure we weren't sending U.S. dollars for electric vehicle
infrastructure to support the Chinese Government's slave labor and
environmental destruction. The majority rejected those proposals.
Instead, House Democrats are willing to sell out to China to claim they
are reaching their climate goals.
Republican Members are not willing to ignore the fact that relying on
China, the worst polluter in the world, will absolutely increase global
emissions.
Furthermore, we have to remember this is a transportation bill, first
and foremost. Spending $1 out of every $2 on meeting Green New Deal
objectives begs the question: Is this bill still a transportation bill?
Mr. Speaker, I urge a ``no'' vote on this en bloc amendment, I urge a
``no'' vote on the underlying bill, and I yield the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 504, the
previous question is ordered on the amendments en bloc offered by the
gentleman from Oregon (Mr. DeFazio).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. CRAWFORD. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 10 Offered by Mrs. Cammack
The SPEAKER pro tempore. It is now in order to consider amendment No.
10 printed in House Report 117-75.
Mrs. CAMMACK. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1029, after line 8, insert the following:
SEC. 4312. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND
FARM SUPPLIES.
Section 229(a)(1) of the Motor Carrier Safety Improvement
Act of 1999 (49 U.S.C. 31136 note) is amended--
(1) in subparagraph (B) by striking ``or'' at the end;
(2) in subparagraph (C) by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(D) drivers transporting livestock (as defined in section
602 of the Emergency Livestock Feed Assistance Act of 1988 (7
U.S.C. 1471) including insects) within a 150 air-mile radius
from the final destination of the livestock.''.
The SPEAKER pro tempore. Pursuant to House Resolution 508, the
gentlewoman from Florida (Mrs. Cammack) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Florida.
Mrs. CAMMACK. Mr. Speaker, I rise today to offer a bipartisan
amendment to give needed flexibility to our livestock haulers and
producers. My amendment would exempt livestock haulers from hours-of-
service requirements for the last 150 air miles to their final
destination.
Mr. Speaker, since last year, livestock haulers have been temporarily
exempted from hours-of-service requirements. However, a permanent
solution for our livestock haulers and cattle producers is urgently
needed.
Speaking as a Floridian, cattle is one of Florida's most important
exports. It is typically an 8-hour journey just to transport cattle
from our producers in south Florida all the way to the north end of the
State, before continuing onward to destinations in the Midwest or
elsewhere.
For the health and welfare of the cattle in transit, livestock
haulers need flexibility on both the front and back end of their
journey to get the cattle safely and efficiently transported to their
final destinations.
Hauling live animals is simply not the same as hauling a trailer full
of toilet paper; however, we saw that both were vital during the
pandemic.
Although I and many other Members on both sides of the aisle support
this measure wholeheartedly, I will reluctantly withdraw my amendment
today. I remain hopeful that as we move forward, we can work to fix
these hours-of-service rules to provide greater flexibility for the
success of our Nation's producers and livestock haulers.
Mr. Speaker, I yield back the balance of my time, and I withdraw the
amendment.
The SPEAKER pro tempore. The amendment is withdrawn.
The Chair understands that amendment No. 70 will not be offered.
Amendment No. 108 Offered by Ms. Van Duyne
The SPEAKER pro tempore. It is now in order to consider amendment No.
108 printed in House Report 117-75.
Ms. VAN DUYNE. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 705, after line 3, insert the following:
SEC. 1640. HOV FACILITY REVIEW.
Section 166 of title 23, United States Code, is further
amended by adding at the end the following:
``(h) Review and Removal.--If the Secretary of
Transportation determines appropriate, 10 years after
construction of an HOV facility operated in compliance with
this section, a State may--
``(1) conduct a review of such facility; and
``(2) remove such facility and repay any funds associated
with such facility.''.
SEC. 2. .
The SPEAKER pro tempore. Pursuant to House Resolution 508, the
gentlewoman from Texas (Ms. Van Duyne) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. VAN DUYNE. Mr. Speaker, my amendment would fix an ongoing problem
that I see back home and in other areas of the country which highlights
the need for local control to be able to fix local problems.
One example is U.S. Highway 75, just across my district line in
Dallas. The highway received funds over 10 years ago to install HOV
lanes to help alleviate congestion in the area. Unfortunately, 10 years
later, these lanes are not being used and are actually creating more
congestion. Due to Federal DOT regulations, these lanes cannot be
removed even if the funds are repaid for the cost of installation.
This amendment would allow for increased flexibility to local elected
officials to properly manage traffic flow as patterns change. Because
these funds would be repaid to the DOT, these funds could be used to
fund more and essential future transportation projects.
Unfortunately, this bill further limits local government control.
Local leaders know better than bureaucrats in Washington how to solve
problems, and my amendment would provide the relief needed to local
governments without any Federal cost.
[[Page H3562]]
Mr. Speaker, I urge adoption of this amendment, and I reserve the
balance of my time.
Mr. DeFAZIO. Mr. Speaker, I claim the time in opposition to the
amendment.
The SPEAKER pro tempore. The gentleman from Oregon is recognized for
5 minutes.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this totally contradicts the intent of the Congestion
Mitigation and Air Quality Improvement program, a relatively small
program in terms of the entire bill, but a very, very important
program.
As I mentioned earlier, we have been doing the same thing for 30
years. 30,511 new freeway lane-miles in and around our 100 largest
urban areas. The cost of delay has gone from $16 billion a year to $166
billion a year, which wastes way more than we are spending to deal with
the problem, and delay is up a staggering 144 percent and pollution is
worse.
So this is an amendment that would say, okay, you can take the money
to deal with congestion mitigation and air quality, you can spend it to
build an HOV lane, and then after you toll people on that HOV lane--
maybe like in Virginia where you can pay $48 for 10 miles in the
Bentley lane during rush hour sometimes--and then they pay back the
money, then they convert it to a single-occupancy vehicle lane, voila,
we are back at another induced-demand congested road, the same
Groundhog Day strategy we have been doing for 30 years that doesn't
work.
HOV lanes and other operational improvements are eligible under the
CMAQ program. They are part of the solution, but not in this form. They
allow more people to move more efficiently in the most congested
transportation corridors by getting more than one person per car. But
this would only do that temporarily and then revert to one person per
car. Great idea.
So it allows van pools, car pools, and transit in these lanes. They
benefit all drivers. So in this case, we would say, well, yeah, for a
while, they will benefit car pools, van pools, and transit, but then we
are going to go back to putting single-occupancy vehicles in them. That
is not a solution to the problem.
It is of particular concern, because it allows for HOV restrictions
to be repealed without any analysis of the impacts on the traffic in
the corridor. Under this proposal, as I said, all of those who have
begun to use it, the families, transit riders, car poolers in HOV
lanes, they are going to go back into gridlock traffic with everybody
else. It is an extraordinarily bad idea whose time has not come.
Mr. Speaker, I reserve the balance of my time.
Ms. VAN DUYNE. Mr. Speaker, while I appreciate the gentleman's
comments on increasing traffic and increasing congestion, what I would
remind him is that this is going to be looked at by local elected
officials. And if those local elected officials deem that this is an
unused lane, which is what we are seeing on Highway 75, we will
actually be opening up and relieving congestion by allowing those
elected officials to be able to say we are going to open this back up,
which will have much more response to alleviating traffic, alleviating
problems with congestion, allowing many more people to be able to drive
on that lane, as opposed to paying money to create more congestion,
more carbon emissions, and less efficiency.
Again, these cities would be paying back those dollars which could be
used for necessary future transportation costs.
Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.
Ms. VAN DUYNE. Mr. Speaker, how much time is remaining?
The SPEAKER pro tempore. The gentlewoman has 2\1/2\ minutes
remaining.
Ms. VAN DUYNE. Mr. Speaker, I yield myself the balance of my time.
Again, I would argue that this is an opportunity to be able to get
money back from cities that have found that the HOV lanes have not had
the impact, have not had the necessary effect on creating less
congestion, but what they found is they have actually created more
congestion.
So in areas where traffic patterns may have changed, where additional
highways or other roads may have alleviated those conditions, where 10
years prior HOV lanes were necessary, they are no longer necessary,
instead of keeping them closed, we will actually be able to open them
up and provide the help that these funds were initially used for.
Mr. Speaker, I would encourage adoption of this amendment, and I
yield back the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, perhaps the gentlewoman has an absolute unique
circumstance in her district or her State. But to make this a national
policy for a program that is intended to deal with congestion
management and air quality would be a huge mistake.
I cannot support the amendment, I urge people to vote ``no,'' and I
yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 504, the
previous question is ordered on the amendment offered by the
gentlewoman from Texas (Ms. Van Duyne).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the noes appear to have it.
Ms. VAN DUYNE. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendments En Bloc No. 1 Offered by Mr. Lamb of Pennsylvania
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on the adoption of amendments en
bloc No. 1, printed in House Report 117-75, on which further
proceedings were postponed and on which the yeas and nays were ordered.
The Clerk will redesignate the amendments en bloc.
The Clerk redesignated the amendments en bloc.
The SPEAKER pro tempore. The question is on the amendments en bloc
offered by the gentleman from Pennsylvania (Mr. Lamb).
The vote was taken by electronic device, and there were--yeas 217,
nays 186, not voting 27, as follows:
[Roll No. 201]
YEAS--217
Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Dunn
Escobar
Eshoo
Espaillat
Evans
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
[[Page H3563]]
Underwood
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
NAYS--186
Aderholt
Allen
Amodei
Armstrong
Babin
Bacon
Baird
Balderson
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carl
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Donalds
Duncan
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fitzpatrick
Fleischmann
Fortenberry
Foxx
Franklin, C. Scott
Gaetz
Gallagher
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gonzales, Tony
Gonzalez (OH)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Harris
Harshbarger
Hartzler
Hern
Herrera Beutler
Hice (GA)
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Jacobs (NY)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kinzinger
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Long
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McClain
McClintock
McHenry
McKinley
Meijer
Meuser
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Nunes
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Posey
Reed
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rosendale
Rouzer
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Sessions
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spanberger
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Timmons
Turner
Upton
Valadao
Van Drew
Van Duyne
Wagner
Walberg
Walorski
Waltz
Webster (FL)
Wenstrup
Westerman
Wilson (SC)
Wittman
Womack
Young
Zeldin
NOT VOTING--27
Arrington
Banks
Bilirakis
Carter (GA)
Cloud
Diaz-Balart
Fulcher
Gohmert
Good (VA)
Hagedorn
Herrell
Higgins (LA)
Issa
Jackson
Johnson (LA)
McCaul
Miller (IL)
Norman
Pfluger
Rose
Roy
Sherman
Simpson
Speier
Tiffany
Weber (TX)
Williams (TX)
{time} 2113
Mr. DUNN changed his vote from ``nay'' to ``yea.''
So the en bloc amendments were agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. SHERMAN. Mr. Speaker, had I been present, I would have noted
``YEA'' on rollcall No. 201.
Stated against:
Mr. DUNN. Mr. Speaker, I was recorded as Yes--I intended to vote
``No'' on Rollcall No. 201.
personal explanation
Mr. PFLUGER. Mr. Speaker, I was absent from votes to tour the
immigration and humanitarian crisis at our southern border. Had I been
present, I would have voted ``nay'' on rollcall No. 197, ``nay'' on
rollcall No. 198, ``nay'' on rollcall No. 199, ``nay'' on rollcall No.
200, and ``nay'' on rollcall No. 201.
Members Recorded Pursuant to House Resolution 8, 117th Congress
Babin (Nehls)
Boebert (Gosar)
Cardenas (Gomez)
Cawthorn (Nehls)
Cohen (Beyer)
Comer (Cammack)
Fallon (Nehls)
Gallego (Gomez)
Garcia (TX) (Jeffries)
Grijalva (Stanton)
Herrera Beutler (Kinzinger)
Horsford (Jeffries)
Jacobs (NY) (Garbarino)
Jayapal (Pocan)
Johnson (TX) (Jeffries)
Kirkpatrick (Stanton)
Lawson (FL) (Evans)
Leger Fernandez (Jacobs (CA))
Lieu (Beyer)
Long (Fleischmann)
Lowenthal (Beyer)
McClain (Bergman)
Meng (Jeffries)
Mullin (Lucas)
Napolitano (Correa)
Owens (Stewart)
Payne (Pallone)
Reschenthaler (Nehls)
Ruiz (Aguilar)
Rush (Underwood)
Sewell (DelBene)
Steube (Franklin, C. Scott)
Strickland (DelBene)
Timmons (Gonzalez (OH))
Wilson (FL) (Hayes)
Young (Mast)
Amendments En Bloc No. 3 Offered by Mr. DeFazio of Oregon
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on the adoption of amendments en
bloc No. 3, printed in House Report 117-75, on which further
proceedings were postponed and on which the yeas and nays were ordered.
The Clerk will redesignate the amendments en bloc.
The Clerk redesignated the amendments en bloc.
The SPEAKER pro tempore. The question is on the amendments en bloc
offered by the gentleman from Oregon (Mr. DeFazio).
The vote was taken by electronic device, and there were--yeas 180,
nays 226, not voting 24, as follows:
[Roll No. 202]
YEAS--180
Aderholt
Allen
Amodei
Armstrong
Babin
Baird
Balderson
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carl
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Foxx
Franklin, C. Scott
Gaetz
Gallagher
Garcia (CA)
Gibbs
Gimenez
Gonzales, Tony
Gonzalez (OH)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Harris
Harshbarger
Hartzler
Hern
Hice (GA)
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Jacobs (NY)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kinzinger
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Long
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
McKinley
Meijer
Meuser
Miller (WV)
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Nunes
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Posey
Reed
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rosendale
Rouzer
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Sessions
Smith (MO)
Smith (NE)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Timmons
Turner
Upton
Valadao
Van Duyne
Wagner
Walberg
Walorski
Waltz
Webster (FL)
Wenstrup
Westerman
Wilson (SC)
Wittman
Womack
Young
NAYS--226
Adams
Aguilar
Allred
Auchincloss
Axne
Bacon
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Fortenberry
Foster
Frankel, Lois
Gallego
Garamendi
Garbarino
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Herrera Beutler
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Miller-Meeks
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
[[Page H3564]]
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
Zeldin
NOT VOTING--24
Arrington
Banks
Carter (GA)
Cloud
Doggett
Fulcher
Gohmert
Good (VA)
Hagedorn
Herrell
Higgins (LA)
Issa
Jackson
Johnson (LA)
Miller (IL)
Moore (WI)
Norman
Pfluger
Rose
Roy
Simpson
Tiffany
Weber (TX)
Williams (TX)
{time} 2134
Ms. SPEIER, Messrs. FORTENBERRY, and RUSH changed their vote from
``yea'' to ``nay.''
Ms. CHENEY changed her vote from ``nay'' to ``yea.''
So the en bloc amendments were rejected.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Members Recorded Pursuant to House Resolution 8, 117th Congress
Babin (Nehls)
Boebert (Gosar)
Cardenas (Gomez)
Cawthorn (Nehls)
Cohen (Beyer)
Comer (Cammack)
Fallon (Nehls)
Gallego (Gomez)
Garcia (TX) (Jeffries)
Grijalva (Stanton)
Herrera Beutler (Kinzinger)
Horsford (Jeffries)
Jacobs (NY) (Garbarino)
Jayapal (Pocan)
Johnson (TX) (Jeffries)
Kirkpatrick (Stanton)
Lawson (FL) (Evans)
Leger Fernandez (Jacobs (CA))
Lieu (Beyer)
Long (Fleischmann)
Lowenthal (Beyer)
McClain (Bergman)
Meng (Jeffries)
Mullin (Lucas)
Napolitano (Correa)
Owens (Stewart)
Payne (Pallone)
Reschenthaler (Nehls)
Ruiz (Aguilar)
Rush (Underwood)
Sewell (DelBene)
Steube (Franklin, C. Scott)
Strickland (DelBene)
Timmons (Gonzalez (OH))
Wilson (FL) (Hayes)
Young (Mast)
Amendments En Bloc No. 4 Offered by Mr. DeFazio of Oregon
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on the adoption of amendments en
bloc No. 4, printed in House Report 117-75, on which further
proceedings were postponed and on which the yeas and nays were ordered.
The Clerk will redesignate the amendments en bloc.
The Clerk redesignated the amendments en bloc.
The SPEAKER pro tempore. The question is on the amendments en bloc
offered by the gentleman from Oregon (Mr. DeFazio).
The vote was taken by electronic device, and there were--yeas 221,
nays 187, not voting 22, as follows:
[Roll No. 203]
YEAS--221
Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crist
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Katko
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Veasey
Vela
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Yarmuth
NAYS--187
Aderholt
Allen
Amodei
Armstrong
Babin
Bacon
Baird
Balderson
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carl
Carter (TX)
Cawthorn
Chabot
Cheney
Cline
Clyde
Cole
Comer
Crawford
Crenshaw
Curtis
Davidson
Davis, Rodney
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fleischmann
Fortenberry
Foxx
Franklin, C. Scott
Gaetz
Gallagher
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gonzales, Tony
Gonzalez (OH)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Harris
Harshbarger
Hartzler
Hern
Herrera Beutler
Hice (GA)
Hill
Hinson
Hollingsworth
Hudson
Huizenga
Jacobs (NY)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kinzinger
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Long
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
McKinley
Meijer
Meuser
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Nunes
Obernolte
Owens
Palazzo
Palmer
Pence
Perry
Posey
Reed
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rosendale
Rouzer
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Sessions
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Timmons
Turner
Upton
Valadao
Van Drew
Van Duyne
Wagner
Walberg
Walorski
Waltz
Webster (FL)
Wenstrup
Westerman
Wilson (SC)
Wittman
Womack
Young
Zeldin
NOT VOTING--22
Arrington
Banks
Carter (GA)
Cloud
Fulcher
Gohmert
Good (VA)
Hagedorn
Herrell
Higgins (LA)
Issa
Jackson
Johnson (LA)
Miller (IL)
Norman
Pfluger
Rose
Roy
Simpson
Tiffany
Weber (TX)
Williams (TX)
{time} 2158
So the en bloc amendments were agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Members Recorded Pursuant to House Resolution 8, 117th Congress
Babin (Nehls)
Boebert (Gosar)
Cardenas (Gomez)
Cawthorn (Nehls)
Cohen (Beyer)
Comer (Cammack)
Fallon (Nehls)
Gallego (Gomez)
Garcia (TX) (Jeffries)
Grijalva (Stanton)
Herrera Beutler (Kinzinger)
Horsford (Jeffries)
Jacobs (NY) (Garbarino)
Jayapal (Pocan)
Johnson (TX) (Jeffries)
Kirkpatrick (Stanton)
Lawson (FL) (Evans)
Leger Fernandez (Jacobs (CA))
Lieu (Beyer)
Long (Fleischmann)
Lowenthal (Beyer)
McClain (Bergman)
Meng (Jeffries)
Mullin (Lucas)
Napolitano (Correa)
Owens (Stewart)
Payne (Pallone)
Reschenthaler (Nehls)
Ruiz (Aguilar)
Rush (Underwood)
Sewell (DelBene)
Steube (Franklin, C. Scott)
Strickland (DelBene)
Timmons (Gonzalez (OH))
Wilson (FL) (Hayes)
Young (Mast)
Amendment No. 108 Offered by Ms. Van Duyne
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on amendment No. 108, printed in
House Report 117-75, on which further proceedings were postponed and on
which the yeas and nays were ordered.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
The SPEAKER pro tempore. The question is on the amendment offered by
the gentlewoman from Texas (Ms. Van Duyne).
[[Page H3565]]
The vote was taken by electronic device, and there were--yeas 230,
nays 178, not voting 22, as follows:
[Roll No. 204]
YEAS--230
Aderholt
Allen
Allred
Amodei
Armstrong
Axne
Babin
Bacon
Baird
Balderson
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Bourdeaux
Brady
Brooks
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carl
Carter (TX)
Case
Cawthorn
Chabot
Cheney
Cline
Clyde
Cole
Comer
Cooper
Correa
Craig
Crawford
Crenshaw
Cuellar
Curtis
Davids (KS)
Davidson
Davis, Rodney
Delgado
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Emmer
Estes
Fallon
Feenstra
Ferguson
Fischbach
Fitzgerald
Fitzpatrick
Fleischmann
Fletcher
Fortenberry
Foxx
Franklin, C. Scott
Gaetz
Gallagher
Garbarino
Garcia (CA)
Gibbs
Gimenez
Golden
Gonzales, Tony
Gonzalez (OH)
Gonzalez, Vicente
Gooden (TX)
Gosar
Gottheimer
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Harder (CA)
Harris
Harshbarger
Hartzler
Hayes
Hern
Herrera Beutler
Hice (GA)
Hill
Hinson
Hollingsworth
Houlahan
Hudson
Huizenga
Jacobs (NY)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Keating
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kim (NJ)
Kind
Kinzinger
Kuster
Kustoff
LaHood
LaMalfa
Lamb
Lamborn
Latta
LaTurner
Lee (NV)
Lesko
Letlow
Long
Loudermilk
Lucas
Luetkemeyer
Mace
Malinowski
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
McKinley
Meijer
Meuser
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Nunes
O'Halleran
Obernolte
Owens
Palazzo
Palmer
Pappas
Pence
Perry
Peters
Phillips
Porter
Posey
Reed
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rosendale
Rouzer
Rutherford
Salazar
Scalise
Schneider
Schrier
Schweikert
Scott, Austin
Sessions
Sherrill
Slotkin
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spanberger
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stevens
Stewart
Suozzi
Taylor
Tenney
Thompson (CA)
Thompson (PA)
Timmons
Turner
Upton
Valadao
Van Drew
Van Duyne
Veasey
Vela
Wagner
Walberg
Walorski
Waltz
Webster (FL)
Wenstrup
Westerman
Wild
Wilson (SC)
Wittman
Womack
Yarmuth
Young
Zeldin
NAYS--178
Adams
Aguilar
Auchincloss
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bowman
Boyle, Brendan F.
Brown
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Casten
Castor (FL)
Castro (TX)
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Costa
Courtney
Crist
Crow
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Demings
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Gomez
Green, Al (TX)
Grijalva
Higgins (NY)
Himes
Horsford
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Kelly (IL)
Khanna
Kildee
Kilmer
Kirkpatrick
Krishnamoorthi
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
Ocasio-Cortez
Omar
Pallone
Panetta
Pascrell
Payne
Perlmutter
Pingree
Pocan
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Sewell
Sherman
Sires
Smith (WA)
Soto
Speier
Stansbury
Stanton
Strickland
Swalwell
Takano
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Williams (GA)
Wilson (FL)
NOT VOTING--22
Arrington
Banks
Carter (GA)
Cloud
Fulcher
Gohmert
Good (VA)
Hagedorn
Herrell
Higgins (LA)
Issa
Jackson
Johnson (LA)
Miller (IL)
Norman
Pfluger
Rose
Roy
Simpson
Tiffany
Weber (TX)
Williams (TX)
{time} 2220
So the en bloc amendments were agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Personal Explanation
Mr. PFLUGER. Mr. Speaker, I was absent from votes to tour the
immigration and humanitarian crisis at our southern border. Had I been
present, I would have voted ``yea'' on rollcall No. 202, ``nay'' on
rollcall No. 203 and, ``yea'' on rollcall No. 204.
Members Recorded Pursuant to House Resolution 8, 117th Congress
Babin (Nehls)
Boebert (Gosar)
Cardenas (Gomez)
Cawthorn (Nehls)
Cohen (Beyer)
Comer (Cammack)
Fallon (Nehls)
Gallego (Gomez)
Garcia (TX) (Jeffries)
Grijalva (Stanton)
Herrera Beutler (Kinzinger)
Horsford (Jeffries)
Jacobs (NY) (Garbarino)
Jayapal (Pocan)
Johnson (TX) (Jeffries)
Kirkpatrick (Stanton)
Lawson (FL) (Evans)
Leger Fernandez (Jacobs (CA))
Lieu (Beyer)
Long (Fleischmann)
Lowenthal (Beyer)
McClain (Bergman)
Meng (Jeffries)
Mullin (Lucas)
Napolitano (Correa)
Owens (Stewart)
Payne (Pallone)
Reschenthaler (Nehls)
Ruiz (Aguilar)
Rush (Underwood)
Sewell (DelBene)
Steube (Franklin, C. Scott)
Strickland (DelBene)
Timmons (Gonzalez (OH))
Wilson (FL) (Hayes)
Young (Mast)
Amendments En Bloc No. 5 Offered by Ms. Davids of Kansas
Ms. DAVIDS of Kansas. Mr. Speaker, pursuant to House Resolution 508,
I rise to offer amendments en bloc No. 5.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 5 consisting of amendment Nos. 116, 117, 118,
123, 124, 126, 127, 128, 129, 130, 131, 133, 136, 137, 138, 139, 140,
141, 142, 144, 145, 146, 147, 148, and 149, printed in House Report
117-75, offered by Ms. Davids of Kansas:
amendment no. 116 offered by ms. barragan of california
Page 1609, line 8, insert ``or alternative compliance
strategies'' after ``water systems''.
Page 1609, beginning on line 12, strike ``with facilitating
the consolidation of distressed small water systems.'' and
insert the following:
with--
(i) facilitating the consolidation of distressed small
water systems; and
(ii) including the public in the process of such
consolidation.
amendment no. 117 offered by ms. bush of missouri
Page 1611, after line 2, insert the following:
SEC. 13402. STUDY ON CONTAMINATION OF COLDWATER CREEK,
MISSOURI.
(a) In General.--The Administrator of the Environmental
Protection Agency, in coordination with the Secretary of the
Army, the Secretary of Energy, the Administrator of the
Agency for Toxic Substances and Disease Registry, and other
appropriate Federal agencies, shall--
(1) undertake a review of prior and ongoing efforts to
remediate radiological contamination in the vicinity of
Coldwater Creek in North St. Louis County, Missouri,
associated with historic radiological waste storage near the
St. Louis Airport;
(2) consult with State and local agencies, and
representatives of the Coldwater Creek community;
(3) take into consideration the Public Health Assessment
for the Evaluation of Community Exposure Related to Coldwater
Creek, dated April 30, 2019, and prepared by the Agency for
Toxic Substances and Disease Registry; and
(4) within 180 days of the date of enactment of this
section, issue a report to Congress on the status of efforts
to reduce or eliminate the potential human health impacts
from potential exposure to such contamination, including any
recommendations for further action.
(b) Installation of Signage to Prevent Potential Exposure
Risks.--In accordance with the recommendations of the Public
Health Assessment for the Evaluation of Community Exposure
Related to Coldwater Creek, the Administrator, in
coordination with the Secretary of the Army, shall install
signage to inform residents and visitors of potential
exposure risks in areas around Coldwater Creek where
remediation efforts have not been undertaken or completed.
amendment no. 118 offered by ms. craig of minnesota
Page 1549, after line 8, insert the following:
SEC. 12022. NONPOINT SOURCE MANAGEMENT PROGRAMS.
Section 319(j) of the Federal Water Pollution Control Act
(33 U.S.C. 1329(j)) is amended by striking ``subsections (h)
and (i) not to
[[Page H3566]]
exceed'' and all that follows through ``fiscal year 1991''
and inserting ``subsections (h) and (i) $200,000,000 for each
of fiscal years 2022 through 2026''.
amendment no. 123 offered by ms. escobar of texas
Page 1549, after line 8, insert the following:
SEC. 12022. WASTEWATER ASSISTANCE TO COLONIAS.
Section 307 of the Safe Drinking Water Act Amendments of
1996 (33 U.S.C. 1281 note) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Covered entity.--The term `covered entity' means each
of the following:
``(A) A border State.
``(B) A local government with jurisdiction over an eligible
community.'';
(2) in subsection (b), by striking ``border State'' and
inserting ``covered entity'';
(3) in subsection (d), by striking ``shall not exceed 50
percent'' and inserting ``may not be less than 80 percent'';
(4) in subsection (e)--
(A) by striking ``$25,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``1997 through 1999'' and inserting ``2022
through 2026''.
amendment no. 124 offered by mr. green of texas
Page 1576, after line 20, insert the following:
SEC. 13205. NATIONAL PRIMARY DRINKING WATER REGULATION FOR
CHROMIUM-6.
Section 1412(b) of the Safe Drinking Water Act (42 U.S.C.
300g-1(b)) is further amended by adding at the end the
following:
``(19) Chromium-6.--
``(A) In general.--Notwithstanding any other deadline
established in this subsection, not later than 2 years after
the date of enactment of the Assistance, Quality, and
Affordability Act of 2021, the Administrator shall publish a
maximum contaminant level goal and promulgate a national
primary drinking water regulation for chromium-6.
``(B) Health protection.--The maximum contaminant level
goal and national primary drinking water regulation
promulgated under subparagraph (A) shall be protective of the
health of subpopulations at greater risk, as described in
section 1458.''.
amendment no. 126 offered by ms. jackson lee of texas
Page 1544, line 16, strike the ``and'' at the end.
Page 1544, after line 16, insert the following:
(5) document the harm and injury caused by any identified
inequities in the distribution of wastewater infrastructure
funds with respect to the identified needs of rural
communities, economically disadvantaged communities, and
Tribal communities; and
amendment no. 127 offered by ms. jackson lee of texas
Page 1607, after line 11, insert the following new section:
SEC. 13305. NATURAL HAZARD EDUCATION AND RESPONSE GRANT
PROGRAM.
Section 1433 of the Safe Drinking Water Act (42 U.S.C.
300i-2) is amended by adding at the end the following:
``(i) Education and Response Grant Program.--
``(1) Establishment.--The Administrator shall establish and
implement a program under which the Administrator may award
grants to community water systems to carry out activities to
educate and assist persons served by the community water
system in adapting and responding to malevolent acts and
natural hazards, including sub-zero temperatures, that
disrupt the provision of safe drinking water or significantly
affect the public health or the safety or supply of drinking
water provided to communities and individuals.
``(2) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to community water
systems that will use funds to assist senior citizens and
low-income homeowners in adapting and responding to
malevolent acts and natural hazards, including sub-zero
temperatures, that disrupt the provision of safe drinking
water or significantly affect the public health or the safety
or supply of drinking water provided to communities and
individuals, including by providing funds to cover the costs
of repairing ruptured pipes.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $200,000,000
for each of fiscal years 2022 through 2026.''.
amendment no. 128 offered by ms. kaptur of ohio
Page 1530, line 25, strike ``and'' at the end.
Page 1531, line 5, strike the period each place it appears
and the closing quotation mark and insert ``; and''.
Page 1531, after line 5, insert the following:
``(3) identifies--
``(A) the locations in which such projects are carried out;
``(B) estimated energy savings for such projects;
``(C) projects that address green infrastructure, water or
energy efficiency improvements, or other environmentally
innovative activities; and
``(D) with respect to projects carried out using funds made
available under or pursuant to section 603, whether such
projects are funded under subsection (d) or subsection (i) of
such section.''.
amendment no. 129 offered by mr. kildee of michigan
Page 1549, after line 8, insert the following:
SEC. 12022. HOUSEHOLD WELL WATER TESTING WEBSITE.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall establish a website containing
information relating to the testing of household well water.
(b) Contents.--The Administrator shall include on the
website established under subsection (a) the following:
(1) Information on how to get drinking water tested for a
home served by an individual private well.
(2) A list of laboratories that analyze water samples and
are certified by a State or the Administrator.
(3) State-specific information, developed in coordination
with each State, on naturally occurring and human-induced
contaminants.
(4) Information that, using accepted risk communication
techniques, clearly communicates whether a test result value
exceeds a level determined by the Administrator or the State
to pose a health risk.
(5) Information on treatment options, including information
relating to water treatment systems certified by the National
Sanitation Foundation, Underwriters Laboratories, and the
Water Quality Association.
(6) A directory of whom to contact to report a test result
value that exceeds a level determined by the Administrator or
the State to pose a health risk.
(7) Information on financial assistance that is available
for homeowners to support water treatment, including grants
under section 306E of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926e) and State resources.
(8) Any other information the Administrator considers
appropriate.
(c) Coordination.--The Administrator shall coordinate with
the Secretary of Health and Human Services, the Secretary of
Agriculture, and appropriate State agencies in carrying out
this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for
fiscal year 2022.
amendment no. 130 offered by mr. krishnamoorthi of illinois
Page 1549, after line 8, insert the following:
SEC. 12022. STUDY AND REPORT ON EFFECT OF TOILET WIPES
MARKETED AS FLUSHABLE.
(a) In General.--The Administrator of the Environmental
Protection Agency shall conduct a study on the effect of
toilet wipes marketed as flushable on municipal water systems
and residential plumbing systems.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report on the study conducted under subsection
(a).
amendment no. 131 offered by mrs. lawrence of michigan
Page 1611, after line 2, insert the following:
SEC. 13402. REPORT ON AFFORDABILITY, DISCRIMINATION AND CIVIL
RIGHTS VIOLATIONS, AND DATA COLLECTION.
(a) Study.--
(1) In general.--The Comptroller General shall conduct a
study on water and sewer services, in accordance with this
section.
(2) Affordability.--In conducting the study under paragraph
(1), the Comptroller General shall study water affordability
nationwide, including--
(A) rates for water and sewer services, increases in such
rates during the ten-year period preceding such study, and
water service disconnections and interruptions due to unpaid
water service charges; and
(B) the effectiveness of funding under section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) and under title
VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.) for promoting affordable, equitable, transparent,
and reliable water and sewer service.
(3) Discrimination and civil rights.--In conducting the
study under paragraph (1), the Comptroller General, in
collaboration with the Civil Rights Division of the
Department of Justice, shall study--
(A) discriminatory practices of water and sewer service
providers; and
(B) violations by such service providers that receive
Federal assistance of civil rights under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) with
regard to equal access to water and sewer services.
(4) Data collection.--In conducting the study under
paragraph (1), the Comptroller General shall collect
information, assess the availability of information, and
evaluate the methodologies used to collect information,
related to--
(A) people living without water or sewer services;
(B) water service disconnections or interruptions due to
unpaid water service charges, including disconnections
experienced by households containing children, elderly
persons, disabled persons, or chronically ill persons, or
other vulnerable populations; and
(C) disparate effects, on the basis of race, gender, or
socioeconomic status, of water service disconnections or
interruptions and the lack of public water and sewer service.
[[Page H3567]]
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller shall submit to
Congress a report that contains--
(1) the results of the study conducted under subsection
(a); and
(2) recommendations for water and sewer service providers,
Federal agencies, and States relating to such results.
amendment no. 133 offered by mr. lowenthal of california
Page 1549, after line 8, insert the following:
SEC. 12022. EFFLUENT LIMITATIONS FOR WASTEWATER, SPILLS, AND
RUNOFF FROM FACILITIES ASSOCIATED WITH THE
TRANSPORT AND PACKAGING OF PRE-PRODUCTION
PLASTIC MATERIALS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall issue such regulations as are
necessary to ensure that--
(1) the discharge of plastic pellets or other pre-
production plastic materials (including discharge into
wastewater and other runoff) from facilities regulated under
part 414 or 463 of title 40, Code of Federal Regulations (as
in effect on the date of enactment of this Act), is
prohibited;
(2) the discharge of plastic pellets or other pre-
production plastic materials (including discharge into
wastewater and other runoff) from a point source associated
with the making, use, packaging, or transportation of such
plastic pellets and other pre-production plastic materials is
prohibited; and
(3) the requirements under paragraphs (1) and (2) are
reflected in--
(A) permits issued under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) to facilities or other
point sources that make, use, package, or transport plastic
pellets or other pre-production plastic materials, as
determined by the Administrator, in addition to other
applicable limits and standards; and
(B) all standards of performance promulgated under section
312(p) of the Federal Water Pollution Control Act (33 U.S.C.
1322(p)) that are applicable to point sources associated with
the making, use, packaging, or transportation of plastic
pellets or other pre-production plastic materials, as
determined by the Administrator.
(b) Definition.--In this section, the term ``point source''
has the meaning given such term in section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362).
amendment no. 136 offered by mr. mcnerney of california
Page 1566, after line 3, insert the following:
SEC. 13115. WATER MAIN BREAK DATA CLEARINGHOUSE.
Part B of the Safe Drinking Water Act (42 U.S.C. 300g et
seq.) is amended by adding at the end the following:
``SEC. 1420A. WATER MAIN BREAK DATA CLEARINGHOUSE.
``(a) Online Data Clearinghouse.--
``(1) Establishment.--Not later than 2 years after the date
of enactment of this section, the Administrator shall
establish and maintain a publicly accessible website with a
national data clearinghouse on reported water main breaks and
associated repair activity.
``(2) Contents.--The website established pursuant to
paragraph (1) shall present--
``(A) information submitted to the Administrator by a
public water system under this section with respect to
reported water main breaks;
``(B) aggregate State and national data on reported water
main breaks; and
``(C) trends in such information and data over time.
``(3) Updates.--The website established pursuant to
paragraph (1) shall be updated at least twice per year.
``(b) Definition.--In this section, the term `reported
water main break' means the unplanned rupture or breach of a
pipe 6 inches in diameter or more in service as part of a
public water system resulting in water escaping and being
reported to the public water system by an employee or other
person.
``(c) Rule.--Not later than one year after the date of
enactment of this section, the Administrator shall issue a
rule requiring each public water system serving more than
10,000 persons to submit to the Administrator information on
each reported water main break in, and the repair activity
for such break to be provided by, the public water system
with respect to a calendar year. Such rule shall--
``(1) specify the format, content, quality assurance
procedure, and method of submission of information;
``(2) apply to reported water main breaks that occur in the
second calendar year following the date of enactment of this
section and each calendar year thereafter;
``(3) allow for the submission, storage, and display of
information in electronic format;
``(4) allow for the submission of information by a public
water system serving 10,000 or fewer persons submitted on a
voluntary basis;
``(5) allow for submission of any additional information
that may be required of a public water system by a State
regarding reported water main breaks and repair activity; and
``(6) require that a summary of the information submitted
be included in a public water system's annual consumer
confidence report required under section 1414(c)(4).
``(d) Reported Water Main Break and Repair Information.--
The rule issued under subsection (c) shall require each
public water system serving more than 10,000 persons to
submit to the Administrator the following information with
respect to each reported water main break in the public water
system:
``(1) To the extent practicable, the time and date the
reported water main break was reported to the public water
system.
``(2) The specific location of the reported water main
break.
``(3) The size, type, age, and bedding material of the
broken water main.
``(4) The elapsed time from the initial report of the water
main break to the public water system to the completion of
repairs.
``(5) The amount of water escaping from the public water
system between the time of the report and the repair,
estimated in accordance with `Water Audits and Loss Control
Programs, Manual--36' (2016) published by the American Water
Works Association or any successor manual.
``(6) The estimated cost of repairing the reported water
main break and associated public infrastructure, including
pavement restoration, and the cost of any damage to other
public or private property.
``(e) Annual Report.--Not later than 4 years after the date
of enactment of this section, and annually thereafter, the
Administrator shall prepare and make available to the public
a report summarizing and evaluating submissions by public
water systems pursuant to this section. Such report shall
include information and recommendations concerning the
methods and resources needed by public water systems to
reduce the frequency, duration, and cost of water main
breaks.''.
amendment no. 137 offered by ms. moore of wisconsin
Page 1611, after line 2, insert the following:
SEC. 13402. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.
Section 4304 of the America's Water Infrastructure Act of
2018 (42 U.S.C. 300j-19e) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A), by inserting ``Tribal,'' after
``State,''; and
(B) by amending subparagraph (B) to read as follows:
``(B) institutions of higher education, apprentice
programs, high schools, and other community based
organizations, and public works departments and agencies, to
align water and wastewater utility workforce recruitment
efforts, training programs, retention efforts, and community
resources with water and wastewater utilities to--
``(i) accelerate career pipelines;
``(ii) ensure the sustainability of the water and
wastewater utility workforce; and
``(iii) provide access to workforce opportunities,
including for diverse populations or populations that are
underrepresented in the water and wastewater utility
workforce.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``and the Secretary of Labor'' after ``the Secretary of
Agriculture'';
(ii) in subparagraph (A), by striking ``; and'' and
inserting ``, which may include--''; and
(iii) by inserting after subparagraph (A) the following:
``(i) expanding the use and availability of activities and
resources that relate to the recruitment, including promotion
of diversity within that recruitment, of individuals to
careers in the water and wastewater utility sector;
``(ii) expanding the availability of training opportunities
for--
``(I) individuals entering the water and wastewater utility
sector; and
``(II) individuals seeking to advance careers within the
water and wastewater utility sector; and
``(iii) expanding the use and availability of activities
and strategies, including the development of innovative
activities and strategies, that relate to the maintenance and
retention of a sustainable workforce in the water and
wastewater utility sector; and'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``public works departments or agencies,'' after
``institutions of higher education,''; and
(ii) in subparagraph (A)--
(I) in clause (ii), by striking ``; or'' and inserting a
semicolon;
(II) in clause (iii), by striking ``; and'' and inserting
``; or''; and
(III) by adding at the end the following:
``(iv) in the development of educational or recruitment
materials and activities, including those materials and
activities that specifically promote diversity within
recruitment, for the water and wastewater utility workforce;
and'';
(C) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively, and inserting after paragraph (2)
the following:
``(3) Priority.--In selecting grant recipients under
paragraph (2), the Administrator shall give priority to
entities that focus on assisting low-income and very low-
income individuals, as well as those individuals with the
most barriers to entry, such as the recently incarcerated, to
enter into careers in the water and wastewater utility
sector.'';
(D) in paragraph (4) (as so redesignated)--
(i) in subparagraph (C), by inserting ``, or with high
poverty levels,'' after ``high unemployment''; and
[[Page H3568]]
(ii) in subparagraph (D)(ii), by inserting ``or
certification'' before ``programs''; and
(E) in paragraph (5) (as so redesignated), by striking
``$1,000,000 for each of fiscal years 2019 and 2020'' and
inserting ``$25,000,000 for each of fiscal years 2022 through
2026''.
amendment no. 138 offered by ms. moore of wisconsin
Page 1549, after line 8, insert the following:
SEC. 12022. CENTERS OF EXCELLENCE FOR STORMWATER CONTROL
INFRASTRUCTURE TECHNOLOGIES.
(a) Establishment.--
(1) In general.--Subject to the availability of
appropriations, the Administrator of the Environmental
Protection Agency shall provide grants, on a competitive
basis, to eligible institutions to establish not more than 5
centers of excellence for new and emerging stormwater control
infrastructure technologies, to be located in different
geographic regions of the United States.
(2) General operation.--Each center of excellence
established with a grant provided under this section shall--
(A) conduct research on new and emerging stormwater control
infrastructure technologies that are relevant to the
geographical region in which the center of excellence is
located to improve the effectiveness, cost efficiency, and
protection of public health, public safety, and water
quality, including research on--
(i) stormwater and sewer overflow reduction; and
(ii) other approaches to achieve water resource enhancement
and other environmental, economic, and social benefits;
(B) maintain a list of--
(i) stormwater control infrastructure needs in the region
in which the center of excellence is located; and
(ii) available new and emerging stormwater control
infrastructure technologies;
(C) analyze the usefulness of additional financial programs
for the implementation of new and emerging stormwater control
infrastructure technologies;
(D) share the results of research conducted under
subparagraph (A) with the Federal Government, State, Tribal,
and local governments, and the private sector;
(E) provide technical assistance to State, Tribal, and
local governments to assist with the design, construction,
operation, and maintenance of stormwater control
infrastructure projects that use innovative technologies;
(F) collaborate with institutions of higher education and
private and public organizations, including community-based
public-private partnerships and other stakeholders, in the
geographical region in which the center of excellence is
located; and
(G) coordinate with the other centers of excellence to
avoid duplication of efforts.
(3) Application.--To be eligible to receive a grant under
this section, an eligible institution shall prepare and
submit to the Administrator an application at such time, in
such form, and containing such information as the
Administrator may require.
(b) National Electronic Clearinghouse Center.--Of the
centers of excellence established under subsection (a), the
Administrator shall designate 1 center of excellence as the
``National Electronic Clearinghouse Center'' to--
(1) develop, operate, and maintain public database and a
website that contains information relating to new and
emerging stormwater control infrastructure technologies; and
(2) publish on such website information from each of the
centers of excellence established under this section.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $5,000,000 for each of fiscal years
2022 through 2026.
(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used for administrative costs.
(d) Definition.--In this section, the term ``eligible
institution'' means an institution of higher education, a
research institution, or a nonprofit organization--
(1) that has demonstrated excellence in researching and
developing new and emerging stormwater control infrastructure
technologies; and
(2) with respect to a nonprofit organization, the core
mission of which includes water management, as determined by
the Administrator.
amendment no. 139 offered by ms. moore of wisconsin
Page 1553, line 21, strike ``and'' after the semicolon.
Page 1554, line 2, strike the period at the end and insert
``; and''.
Page 1554, after line 2, insert the following:
``(C) provide, in addition to subparagraph (B) and to the
maximum extent practicable, that priority for the use of
funds be given to projects that, in carrying out lead service
line replacements, provide job training, apprenticeships, or
other employment opportunities for low-income persons and
very low-income persons that are located in the area in which
the project is carried out.''.
Page 1555, after line 18, insert the following:
``(10) Report.--The Administrator shall annually submit to
Congress a report that provides--
``(A) the number of households for which lead service lines
have been replaced using funds made available by this
subsection;
``(B) the total number of lead service lines that exist in
each State, territory, and area under the jurisdiction of an
Indian Tribe that has entered into an agreement pursuant to
this subsection;
``(C) with respect to each project for such lead service
line replacement, data on job training, apprenticeships, and
other employment opportunities for persons described in
paragraph (4)(C) under such projects, which shall include the
amount of the funding used to hire such persons for such
project; and
``(D) any other data determined by the Administrator to be
useful for purposes of determining the effect of this
subsection with respect to replacing lead service lines.''.
Page 1556, after line 25, insert the following:
``(D) Low-income person; very low-income person.--The terms
`low-income person' and `very low-income person' have the
same meanings given the terms `low-income families' and `very
low-income families', respectively, in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C.14 1437a(b)).''.
Page 1562, line 23, strike ``In making'' and insert the
following:
``(A) In general.--In making''.
Page 1563, after line 4, insert the following:
``(B) Other priorities.--In making grants under the program
established under this subsection, the Administrator shall,
to the greatest extent feasible, also give priority to States
and local educational agencies that, in assisting with the
installation and maintenance of filtration stations pursuant
to this subsection, will provide job training,
apprenticeships, or other employment opportunities for low-
income persons and very low-income persons in the area in
which the installation and maintenance takes place.''.
amendment no. 140 offered by mr. norcross of new jersey
Page 1611, after line 2, insert the following:
SEC. 13402. IDENTIFICATION OF HIGH-RISK LOCATIONS.
(a) Development of Guidance.--
(1) In general.--In accordance with the deadline
established in subsection (b), the Administrator of the
Environmental Protection Agency shall develop guidance to
help public water systems identify high-risk locations for
purposes of focusing efforts to--
(A) test drinking water for the concentration of lead in
such drinking water; and
(B) replace lead service lines.
(2) Use of data.--The guidance developed under paragraph
(1) shall include information on how a public water system
may use data from the American Community Survey conducted by
the Department of Commerce and, where available, geospatial
data to identify high-risk locations for the purposes
described in subsection (a).
(b) Availability of Guidance.--Not later than 180 days
after the date of enactment of this section, the
Administrator of the Environmental Protection Agency shall--
(1) publish the guidance developed under subsection (a) in
the Federal Register; and
(2) make such guidance available on a publicly accessible
website.
(c) Report.--Not later than 180 days after the date of
enactment of this section, the Administrator of the
Environmental Protection Agency shall submit to the Committee
on Energy and Commerce of the House of Representatives and
the appropriate committee of the Senate a report that--
(1) includes the guidance developed under subsection (a);
(2) describes the methodology used to develop such
guidance; and
(3) provides information about who was consulted in the
development of such guidance.
(d) Definitions.--In this section:
(1) High-risk location.--The term ``high-risk location''
means an area--
(A) that is likely to have lead service lines; and
(B) in which an environmental justice community is located.
(2) Lead service line.--The term ``lead service line'' has
the meaning given such term in section 1459B(a) of the Safe
Drinking Water Act (42 U.S.C. 300j-19b(a)).
(3) Public water system.--The term ``public water system''
has the meaning given such term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
amendment no. 141 offered by ms. ocasio-cortez of new york
Page 1564, line 12, strike ``$50,000,000'' and insert
``$100,000,000''.
amendment no. 142 offered by mr. o'halleran of arizona
Page 1533, after line 23, insert the following:
(c) Indian Health Service Sanitation Facilities
Construction Program Funding.--
(1) Findings.--Congress finds that--
(A) the COVID-19 crisis has highlighted the lack of
infrastructure and sanitation available in Native
communities; and
(B) addressing the Sanitation Facilities Deficiency List of
the Division of Sanitation Facilities and Construction of the
Indian Health Service included in the report will--
(i) result in investments in necessary water
infrastructure; and
(ii) improve health outcomes.
(2) Definitions.--In this subsection:
(A) Report.--The term ``report'' means the fiscal year 2019
report of the Division of Sanitation Facilities and
Construction of the Indian Health Service entitled ``Annual
Report to the Congress of the United States on
[[Page H3569]]
Sanitation Deficiency Levels for Indian Homes and
Communities''.
(B) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services, acting through the Director of
the Indian Health Service.
(3) Additional funding for sanitation facilities.--
(A) In general.--The Secretary shall award additional
funding under the Sanitation Facilities Construction Program
for the planning, design, construction, modernization,
improvement, and renovation of water, sewer, and solid waste
sanitation facilities that are funded, in whole or part, by
the Indian Health Service through, or provided for in, a
contract or compact with the Indian Health Service under the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.).
(B) Priority for funding.--In awarding funding to
sanitation facilities under subparagraph (A), the Secretary
shall prioritize sanitation facilities with the highest
deficiency level, as established in the report.
(4) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
the Secretary to carry out this subsection $2,600,000,000.
(B) Requirement.--Amounts made available under subparagraph
(A) shall be in addition to any amounts made available to
carry out the purposes described in paragraph (3)(A) under
any other provision of law.
amendment no. 144 offered by mr. payne of new jersey
Page 1563, line 4, insert ``, including low-income areas
that have a history of drinking water lead contamination''
after ``areas''.
amendment no. 145 offered by ms. sewell of alabama
Page 1526, line 3, strike ``$50,000,000'' and insert
``$100,000,000''.
amendment no. 146 offered by ms. tlaib of michigan
Page 1579, line 4, insert ``, or leave disconnected or
interrupted, where feasible,'' after ``interrupt''.
amendment no. 147 offered by ms. tlaib of michigan
Strike section 13304 and insert the following:
SEC. 13304. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN
LOW-INCOME COMMUNITY WATER ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Household.--The term ``household'' means any individual
or group of individuals who are living together as 1 economic
unit.
(3) Low-income household.--The term ``low-income
household'' means a household--
(A) in which 1 or more individuals are receiving--
(i) assistance under a State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(ii) supplemental security income payments under title XVI
of the Social Security Act (42 U.S.C. 1381 et seq.);
(iii) supplemental nutrition assistance program benefits
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.);
(iv) payments under--
(I) section 1315, 1521, 1541, or of title 38, United States
Code; or
(II) section 306 of the Veterans' and Survivors' Pension
Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95-
588);
(v) assistance under the Low Income Home Energy Assistance
Program (42 U.S.C. 8621); or
(vi) assistance under the Women Infants and Children
program (42 U.S.C. 1786); or
(B) that has an income that as determined by the State in
which the household is located that is receiving a grant
under paragraph (7)(b), or an eligible wastewater or
stormwater system receiving a grant under paragraph (7)(b),
does not exceed the greater of--
(i) an amount equal to 200 per-cent of the poverty level;
and
(ii) an amount equal to 80 percent of the area median
income.
(4) Poverty level.--The term ``poverty level'' means, with
respect to a household in a State, the income described in
the poverty guidelines issued by the Secretary of Health and
Human Services pursuant to section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902), as applicable to
the household.
(5) Area median income.--The term ``area median income''
means the unadjusted median income levels by geographic area
as determined annually by the Secretary of Housing and Urban
Development.
(b) Study; Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall conduct, and submit to Congress a report
describing the results of, a study regarding the prevalence
throughout the United States of low-income households that do
not have access to--
(A) affordable and functional centralized or onsite
wastewater services that protect the health of individuals in
the households;
(B) affordable municipal stormwater services; or
(C) affordable public drinking water services to meet
household needs.
(2) Data collection.--The Administrator shall collect
regularly from community water systems, treatment works for
municipal waste, municipal separate storm sewer systems, and
such other sources as may be appropriate, for use in the
reports under paragraph (1)--
(A) data, provided by zip code, concerning arrearages,
service disconnections, and other debt collection activities
for low-income households, including, at minimum, number of
disconnections for nonpayment, length of disconnections,
amount of debt at time of disconnection, number of households
and amount of debt subject to sale or enforcement of property
liens, number of households enrolled in an assistance
program, number of eligible households, benefit levels, and
amount of debt reduction for enrolled households, and number
of enrolled households reconnected to water service;
(B) revenue collection information from each community
water system, treatment works for municipal waste, and
municipal separate storm sewer systems, including, at
minimum, rate design for residential customers, billing
frequency, fees and charges included on the bill, and
projected rate increases over the next 5 years;
(C) information regarding customer assistance programs,
including any rate structures, rebates, discounts, billing
methods that average rates over the course of a year, known
as ``budget billing'', and procedures that ensure that
households receive notice and an opportunity to dispute
charges before service is disconnected or interrupted due to
nonpayment; and
(D) other relevant information as determined by the
Administrator.
(3) Inclusions.--The report under paragraph (1) shall
include--
(A) recommendations of the Administrator regarding the best
methods to increase access to the services described in
paragraph (1);
(B) a description of the cost of each method described in
subparagraph (A);
(C) a description of all consultation with relevant
stakeholders carried out in developing the report; and
(D) a description of the results of the study with respect
to low-income households that live in rental housing and do
not receive bills for such services, but pay for the services
indirectly through rent payments.
(4) Agreements.--The Administrator may enter into an
agreement with another Federal agency to carry out the study
under paragraph (1).
(5) Funds to water, wastewater, and stormwater systems.--
The Administrator may provide reasonable, one-time grants to
owners and operators of community water systems, treatment
works for municipal waste, and municipal separate storm sewer
systems to modify their billing and data management systems
in order to reliably and regularly generate the data required
in this needs assessment.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $150,000,000 to
remain available until expended.
amendment no. 148 offered by mr. vargas of california
Page 1549, after line 8, insert the following:
SEC. 12022. MANAGEMENT OF INTERNATIONAL TRANSBOUNDARY WATER
POLLUTION.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Commission.--The term ``Commission'' means the United
States section of the International Boundary and Water
Commission.
(3) Covered funds.--The term ``covered funds'' means
amounts made available to the Administrator under the heading
``Environmental Protection Agency--State and Tribal
Assistance Grants'' under title IX of the United States-
Mexico-Canada Agreement Implementation Act (Public Law 116-
113).
(4) Treatment works.--The term ``treatment works'' has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
(5) U.S.-mexico border region.--The term ``U.S.-Mexico
border region'' means any area in the United States that is
located within 100 kilometers of the United States-Mexico
border.
(b) Grants.--The Administrator may, using covered funds,
provide to the Commission grants for projects for treatment
works for the U.S.-Mexico border region that--
(1) protect residents within the U.S.-Mexico border region
from pollution resulting from--
(A) transboundary flows of wastewater (including
stormwater) or other international transboundary water flows
originating in Mexico; and
(B) any inadequacies or breakdowns of treatment works in
Mexico; and
(2) provide treatment of such flows in compliance with
local, State, and Federal law.
(c) Use of Funds.--The Commission may use funds received
under this section to plan, study, design, and construct
treatment works in accordance with this section, and carry
out any related activities.
(d) Consultation and Coordination.--The Commission shall
consult and coordinate with the Administrator in carrying out
any project using funds received under this section.
(e) Application of Other Requirements.--The requirements of
sections 513 and 608 of the Federal Water Pollution Control
Act (33 U.S.C. 1372, 1388) shall apply to the construction of
any treatment works in the United
[[Page H3570]]
States for which the Commission receives funds under this
section.
amendment no. 149 offered by mr. vargas of california
Page 1549, after line 8, insert the following:
SEC. 12022. CALIFORNIA NEW RIVER RESTORATION.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Mexican.--The term ``Mexican'' refers to the Federal,
State, and local governments of the United Mexican States.
(3) New river.--The term ``New River'' means that portion
of the New River, California, that flows north within the
United States from the border of Mexico through Calexico,
California, passes through the Imperial Valley, and drains
into the Salton Sea.
(4) Program.--The term ``program'' means the California New
River restoration program established under subsection (b).
(5) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife to preserve and
improve ecosystems and ecological processes on which they
depend.
(b) California New River Restoration Program
Establishment.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a
program to be known as the ``California New River restoration
program''.
(2) Duties.--In carrying out the program, the Administrator
shall--
(A) implement projects, plans, and initiatives for the
restoration and protection of the New River that are
supported by the California-Mexico Border Relations Council,
in consultation with applicable management entities,
including representatives of the Calexico New River
Committee, the California-Mexico Border Relations Council,
the New River Improvement Project Technical Advisory
Committee, the Federal Government, State and local
governments, and regional and nonprofit organizations;
(B) undertake activities that--
(i) support the implementation of a shared set of science-
based restoration and protection activities identified in
accordance with subparagraph (A);
(ii) target cost-effective projects with measurable
results; and
(iii) maximize conservation outcomes with no net gain of
Federal full-time equivalent employees; and
(C) provide grants and technical assistance in accordance
with subsection (c).
(3) Coordination.--In establishing the program, the
Administrator shall consult, as appropriate, with--
(A) the heads of Federal agencies, including--
(i) the Secretary of the Interior;
(ii) the Secretary of Agriculture;
(iii) the Secretary of Homeland Security;
(iv) the Administrator of General Services;
(v) the Commissioner of U.S. Customs and Border Protection;
(vi) the Commissioner of the International Boundary Water
Commission; and
(vii) the head of any other applicable agency;
(B) the Governor of California;
(C) the California Environmental Protection Agency;
(D) the California State Water Resources Control Board;
(E) the California Department of Water Resources;
(F) the Colorado River Basin Regional Water Quality Control
Board;
(G) the Imperial Irrigation District; and
(H) other public agencies and organizations with authority
for the planning and implementation of conservation
strategies relating to the New River.
(4) Purposes.--The purposes of the program include--
(A) coordinating restoration and protection activities,
among Mexican, Federal, State, local, and regional entities
and conservation partners, relating to the New River; and
(B) carrying out coordinated restoration and protection
activities, and providing for technical assistance relating
to the New River--
(i) to sustain and enhance fish and wildlife habitat
restoration and protection activities;
(ii) to improve and maintain water quality to support fish
and wildlife, as well as the habitats of fish and wildlife;
(iii) to sustain and enhance water management for volume
and flood damage mitigation improvements to benefit fish and
wildlife habitat;
(iv) to improve opportunities for public access to, and
recreation in and along, the New River consistent with the
ecological needs of fish and wildlife habitat;
(v) to maximize the resilience of natural systems and
habitats under changing watershed conditions;
(vi) to engage the public through outreach, education, and
citizen involvement, to increase capacity and support for
coordinated restoration and protection activities relating to
the New River;
(vii) to increase scientific capacity to support the
planning, monitoring, and research activities necessary to
carry out coordinated restoration and protection activities;
and
(viii) to provide technical assistance to carry out
restoration and protection activities relating to the New
River.
(c) Grants and Assistance.--
(1) In general.--In carrying out the program, the
Administrator shall provide grants and technical assistance
to State and local governments, nonprofit organizations, and
institutions of higher education, to carry out the purposes
of the program.
(2) Criteria.--The Administrator, in consultation with the
organizations described in subsection (b)(3), shall develop
criteria for providing grants and technical assistance under
this subsection to ensure that such activities accomplish one
or more of the purposes identified in subsection (b)(4)(B).
(3) Cost sharing.--
(A) Federal share.--The Federal share of the cost of a
project for which a grant is provided under this subsection
shall not exceed 55 percent of the total cost of the
activity, as determined by the Administrator.
(B) Non-federal share.--The non-Federal share of the cost
of a project for which a grant is provided under this
subsection may be provided in the form of an in-kind
contribution of services or materials that the Administrator
determines are integral to the activity carried out using
assistance authorized by this section.
(4) Requirements.--Sections 513 and 608 of the Federal
Water Pollution Control Act (33 U.S.C. 1372; 1388) shall
apply to the construction of any project or activity carried
out, in whole or in part, under this section in the same
manner those sections apply to a treatment works for which a
grant is made available under the Federal Water Pollution
Control Act.
(5) Administration.--The Administrator may enter into an
agreement to manage the implementation of this subsection
with the North American Development Bank or a similar
organization that offers grant management services.
(d) Annual Reports.--Not later than 180 days after the date
of enactment of this Act, and annually thereafter, the
Administrator shall submit to Congress a report on the
implementation of this section, including a description of
each project that has received funding under this section and
the status of all such projects that are in progress on the
date of submission of the report.
The SPEAKER pro tempore. Pursuant to House Resolution 508, the
gentlewoman from Kansas (Ms. Davids) and the gentleman from North
Carolina (Mr. Rouzer) each will control 10 minutes.
The Chair recognizes the gentlewoman from Kansas.
Ms. DAVIDS of Kansas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of this en bloc amendment, which
provides for the consideration of 25 individual amendments to address
both drinking and wastewater infrastructure concerns.
Mr. Speaker, these amendments make several improvements to the
underlying legislation, including increasing Federal investment in
failing or insufficient septic systems, which is a pervasive water
quality and human health challenge facing many of our rural and
economically disadvantaged communities, including those from Oregon,
Alabama, and New York;
Addressing emerging pollution concerns, including so-called flushable
wipes that are clogging our Nation's sewers, and the discharge of
plastic pellets into our waste stream;
Addressing several local water quality challenges, including
transboundary sewage flows that have adversely affected the San Diego
region, the inadequate wastewater infrastructure in the U.S.-Mexico
border region, and the legacy radiological contamination of Coldwater
Creek in St. Louis, Missouri;
Clarifying audit and reporting requirements for EPA's Green Project
Reserve; and
Focusing additional attention on potential discrimination and civil
rights violations in water infrastructure funding so we can ensure
these programs equitably help all communities address their long-term
wastewater concerns.
Each of these amendments further strengthens the ability of this bill
to address the water and wastewater infrastructure needs of this Nation
in a way that protects public health and our environment; creates well-
paying jobs here in the United States; and addresses the historic water
infrastructure challenges that is facing our rural, small, and
economically disadvantaged communities.
Mr. Speaker, I thank the members for working with the Committee on
Transportation and Infrastructure and the Committee on Energy and
Commerce to improve this bill and urge passage of this en bloc
amendment.
Mr. Speaker, I reserve the balance of my time.
Mr. ROUZER. Mr. Speaker, I yield myself such time as I may consume,
[[Page H3571]]
and I rise in opposition to the amendments en bloc.
These amendments en bloc would further expand upon the majority's
wish list of progressive priorities for water infrastructure, just like
the underlying bill.
These amendments create additional programs costing billions in
taxpayer dollars.
In addition, several of the amendments create additional burdens and
take discretionary, science-based regulatory decisionmaking out of the
hands of the experts.
Again, this bill is nothing more than a partisan exercise, and this
en bloc just throws together another bunch of bad ideas with little
opportunity for input or debate.
This group of Democrat amendments we are considering at the moment is
completely lopsided, and by considering them en bloc, they will not be
subjected to the scrutiny of standalone votes or debate.
Mr. Speaker, I urge my colleagues to oppose this en bloc amendment,
and I reserve the balance of my time.
Ms. DAVIDS of Kansas. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Missouri (Ms. Bush).
Ms. BUSH. Mr. Speaker, I thank the gentlewoman for yielding.
Mr. Speaker, St. Louis and I rise today in support of our amendment
to the INVEST in America Act.
Our amendment would save lives by reviewing the inadequate efforts to
clean up Coldwater Creek in north St. Louis County and posting signs to
prevent further hazardous exposure to our community.
The CDC estimates that 350,000 people have potential radioactive
exposure from Coldwater Creek. That is nearly one in two residents in
Missouri's First District--my district--and I am possibly one of those
people. Too many of us have gotten sick or died because of exposure to
this toxic water. No one should have to face such an injustice. St.
Louis deserves better. St. Louis needs better.
Mr. Speaker, this amendment would immediately start saving lives, and
I urge my colleagues to support it. Invest in America.
{time} 2230
Mr. ROUZER. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Washington (Mrs. Rodgers), the ranking member of the Committee on
Energy and Commerce.
Mrs. RODGERS of Washington. Mr. Speaker, I rise in opposition to
amendments en bloc No. 5.
En bloc No. 5 is filled with proposals that spend excessively on new
programs, create duplicate programs, ignore scientific and public
input, and place serious burdens on rural communities.
For instance, one amendment, which I might add is very well-meaning,
creates a new program with a price tag of $200 million per year, or
eight times the amount for the existing program that covers physical
upgrades and training to deal with all terrorism threats and
resilience.
There is a proposal in this bloc to require EPA to establish a
website for testing private water wells. Yet, for those seeking
information, EPA already has a website to provide information to the
public on private well testing, preventing water pollution, identifying
contaminants, and contacts for emergency response.
In another area, en bloc No. 5 requires GAO to provide Congress
policy options for best practices for EPA to use with States and local
governments to include the public in a consolidation process.
The study is unnecessary and punitive to rural communities. Section
1414 of the Safe Drinking Water Act already has mandatory assessment
requirements for systems that have problems.
Mr. Speaker, I have identified here only a few of the provisions that
I find troublesome. There are other matters in this amendment that are
difficult when it comes to workability and also that have other policy
concerns.
On a separate note, I must express my opposition to the inclusion in
the previous bloc of amendments of the NO EXHAUST Act, a partisan
Energy and Commerce bill. This amendment provides subsidies for the
rich to buy electric vehicles at the expense of the taxpayers and
everyone else's electric reliability and utility bills.
The amendment makes no consideration for American jobs, our growing
reliance on China for critical minerals to make batteries, or the
strain that electric vehicles undoubtedly will place on the grid.
The amendment even mandates new building codes so everyone has to
install expensive electrical equipment in their homes and buildings for
EV chargers, even if nobody is driving an electric vehicle.
These kinds of policies will harm hardworking American families,
especially those in our rural communities.
Mr. Speaker, I urge Members to join me in opposing this en bloc
amendment.
Ms. DAVIDS of Kansas. Mr. Speaker, I wish to yield 2\1/2\ minutes to
the gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I thank the gentlewoman from Kansas for
her leadership, and I want to take a moment to thank Mr. DeFazio for
this transformative legislation that is really going to move America,
not just in mobility, but in quality of life.
Mr. Speaker, I want to also take a moment to offer my sympathy to a
family in my community, the Cummings family, whose mother was killed as
she brought her son to the United States Naval Academy in the last 48
hours. I hope that we will pray for them at this time.
Mr. Speaker, I also want to take this moment to dedicate this
amendment that Mr. Espaillat and myself introduced to bicyclists,
motorcyclists, pedestrians, and wheelchair users, and particularly to
Jamail Harris, who was killed on a motorcycle in an intersection at
Highway 288.
This amendment that I am offering in the name of others, such as
Lesha White, Jesus Perez, David Leon Loya, is evidence of the dangers
of mobility in the form of bikes and pedestrians in the city of
Houston.
In the past 16 years, the Houston area has seen 2,000 deaths of
bicyclists and pedestrians, an average of 100 a year, with the last 3
years seeing the rate increase to 150 a year, according to Federal
statistics.
The amendment that I am offering is an amendment that deals
specifically with the safety legislation that causes the Department of
Transportation to work with local entities to decide where those
dollars will go, where the crashes or the numbers of crashes or the
incidences with pedestrians and bike riders and motorcycles are at
their highest. Listen to the community.
This is in the name of those who have lost their lives, these
families who have lost a life: one crashed in a school bus; one was a
lady helping a wheelchair get across the street, and she stopped a car
and a car ran into her and the wheelchair. I think it is extremely
important in this particular amendment.
Mr. Speaker, I also want to indicate that I thank Mr. DeFazio for the
legislation that allows a new redoing of Scott Street in an earmark, a
community assessment that we are able to utilize for Scott Street to
make a difference in that area.
Mr. Speaker, I want to mention my next amendment that directs the EPA
Administrator to establish and implement a program under which the
Administrator may award grants to community water systems to carry out
activities to educate and assist persons served by the community water
system and adapting and responding to acts and natural hazards,
including subzero temperatures.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. DAVIDS of Kansas. Mr. Speaker, I yield the gentlewoman from Texas
an additional 30 seconds.
Ms. JACKSON LEE. Mr. Speaker, this has to do with the freeze that we
had in Houston, and I am very grateful for this amendment because there
were more than 100 people who died.
Mr. Speaker, my second amendment has to do with wastewater. A recent
report suggested that wastewater resources in facilities in urban and
rural areas were at their lowest. This forces a study to determine how
to improve and to ensure that those kinds of resources for wastewater
and sewage are equal in rural and urban areas as would be otherwise.
I am grateful for these amendments because they will change lives,
and certainly, the bike amendment will allow us to be able to save
lives.
[[Page H3572]]
Mr. Speaker, I rise in support of the Invest in America Act (RCP
117-8 and RCP 117-9; H.R. 3684), and the Jackson Lee Amendments
incorporated in the Chairman's En Bloc Amendment.
Let me thank Chairman DeFazio and Ranking Member Graves of the
Transportation and Infrastructure Committee for their hard work in
crafting and shepherding the legislative package before us today.
I thank the staff of the Transportation Committee for working with me
and my staff on the three Jackson Lee Amendments that are included in
the En Bloc Amendment.
These amendments are intended to make a good bill better.
The first amendment I want to speak to you about is intended to make
walking, biking, motorcycling, and other pedestrian travel safer by
making changes to the new ``Safe Streets'' program already in the bill
to allow local input in decisions by state Department of Transportation
on projects intended to reduce fatalities of vulnerable road users.
This Jackson Lee-Espaillat Amendment gives local governments more
control over where the funds for the new ``Safe Streets'' program are
spent, by requiring state Departments of Transportation to consult with
the local governments before carrying out these complete streets'
projects.
The ``Safe Streets'' program sets aside safety funds to reduce
fatalities and serious injuries on public roads, with a focus on
vulnerable road users such as pedestrians, bicyclists, scooters users,
and motorcyclist.
The amendment will support local governments by giving them a voice
in the implementation of projects intended to address high crash areas
where pedestrian fatalities occur.
The goal of this amendment is to make more efficient the learning
curve of State Departments of Transportation on methods, strategies and
policies that yield proven reductions in deaths.
We can and must do a better job of making the roads safer for
everyone--including bike riders.
As the nation celebrates its first Juneteenth Independence Day, it
was an added bonus for participants to take a bike ride from Galveston
to Houston along routes once used by former slaves to travel from the
island to their new lives in the city of Houston and beyond.
The 58-mile bike route is scenic and historic with lush green spaces,
and eclectic neighborhoods--that are linked by trails, park land and
roads.
This event is a welcomed recent addition to the 156-year history of
Juneteenth celebrations in the Galveston Houston area, and this year's
jubilation was more exuberant with the knowledge that the entire nation
joined us in the festivities.
The bike ride is not a race, but a leisure activity that all members
of the family can enjoy.
There are adequate rest breaks along the way to visit historic sites
like a trailer exhibit of memorabilia about Marshall Walter ``Major''
Taylor who was born on November 26, 1878.
Taylor became a professional cyclist at 18 and won the sprint event
at the 1899 world track championships at the age of 20 to become the
first African American to achieve the level of cycling world champion.
Another rest stop is at the 1867 Settlement, which was the home of
newly freed slaves who bought property to form a community that would
later be well known for the cowboy skills of its residents.
A little-known fact is that some of the skills featured at Rodeos owe
their invention or refinement to black cowboys--a term used to
distinguish between whites and blacks.
Whites were called cow hands and blacks referred to as ``cow boys,''
which later became the term for everyone working with cattle regardless
of race.
Some well-known rodeo contests skills owe a thanks to black cowboys
like Bill Pickett (1870-1932), who invented the form of steer wrestling
called ``bulldogging,'' and Jesse Stahl (c. 1879-1935), who was a
bronco rider.
The pleasure of riding bikes has and continues to be an important
source of recreation and exercise for millions of people who ride
routinely or occasionally, which is evidenced by the growth in
popularity of this biking event.
Unfortunately, biking is not always so carefree as this event held on
Juneteenth weekend.
The reality for too many bicyclists is the dread and fear they
sometimes experience while riding in residential, rural, or urban
spaces.
In June 2019, the National Highway Traffic Safety Administration
published its traffic fatality report which showed a one percent
decrease in traffic fatalities and a four percent increase in
pedestrian fatalities, but a whopping 10 percent increase in bicyclist
fatalities.
On May 9, 2021, a hit-and-run driver who allegedly ran a red light
slammed into a motorcycle, killing the rider.
Despite less traffic on the road in 2020 due to the pandemic and a 2
percent reduction in motorcycle crashes nationally, safety officials
are alarmed by a 17 percent increase in Texas motorcycle fatalities in
2020 compared to 2019.
On average, a motorcyclist is killed in a crash on Texas roads every
day.
Last year, 482 died, accounting for 12 percent of all traffic
fatalities statewide.
In my city of Houston, just last month, a driver allegedly ran a red
light and struck and killed a motorcyclist on Highway 288.
The incident happened along Holly Hall and Highway 288, the South
Freeway.
Witnesses told police a pickup or SUV ran the light and struck a
motorcyclist, who was heading westbound on Holly Hall.
The motorcyclist had a green light, police believe.
The suspect, who was believed to be in a white or light color
vehicle, briefly stopped but then sped away.
The motorcyclist died at the scene.
On March 30, 2019, in the city of Houston, at the intersection of
North Shepherd Drive and West 10th Street, located in the 18th
Congressional District of Texas, Lesha White, 54, was driving with her
daughters when she saw Jesus ``Jesse'' Perez struggling to cross the
intersection in a wheelchair.
Ms. White pulled over and got out of her car to help Mr. Perez cross
the street when another vehicle struck them, and they were both killed.
On March 7, 2019, 23-year-old David Leon Loya was killed in a
collision with a school bus while riding his bicycle in The Heights
area of Houston.
Police report that Mr. Loya was in the bike lane and tried to avoid
the accident by sliding under the bus, but unfortunately, he was run
over by the back axle.
This young man was greatly loved by his family and is missed by the
people he helped through his volunteer work, and the bicyclist
community.
I offer this amendment in remembrance of Lesha White, Jesus ``Jesse''
Perez, David Leon Loya, and all of the other pedestrians and bicyclists
who have lost their lives in accidents with motor vehicles in urban
areas.
In the past sixteen years, the Houston area has seen 2,000 deaths of
bicyclists and pedestrians, at an average of 100 a year, with the last
three years seeing the rate increase to 150 a year, according to
federal statistics.
In 2017, the most recent year for which comprehensive statistics are
available, according to the Texas Department of Transportation
(``TDOT''), the numbers were no more encouraging.
According to TDOT, 1,409 Houston-area pedestrians were injured in
roadways crashes:
1. 275 of them were injured seriously;
2. 146 pedestrians were killed in roadways crashes;
3. 639 bicyclists were injured in roadways crashes; and
4. 82 bicyclists were injured seriously.
The National Highway Traffic Safety Administration has called the
number of deaths a'' public health crisis.''
The problem is no more encouraging on the national level, as Texas
ranks third nationwide in bicycle deaths, behind California and
Florida.
Nationwide, the number of fatal bicyclist accidents is rising and are
also amounting to a greater percentage of total traffic fatalities.
Cities are uniquely susceptible to this problem, as the National
Highway Traffic Safety Administration reports that 70 percent of
bicycle fatalities occur in cities.
The Jackson Lee Amendment amends Section 12020 of the Water Quality
Protection and Job Creation Act of 2021, which is Division H of Rules
Committee Print 117-9, and requires the EPA Administrator to initiate a
study on the distribution of wastewater infrastructure funds to rural
communities, economically disadvantaged communities, and Tribal
communities during the 20 fiscal years preceding the date of enactment
of this Act.
Among other things, the legislation requires that in conducting this
study, the EPA Administrator:
1. consult with other Federal agencies, State, local, and Tribal
governments, owners and operators of publicly owned treatment works,
and stakeholder organizations;
2. undertake at least one public meeting in a rural community, in an
economically disadvantaged community, and in a Tribal community, to
receive testimony from the public;
3. examine whether the distribution of wastewater infrastructure
funds during the period covered by the study has been in accordance
with any applicable executive order or policy regarding environmental
justice; and
4. examine how wastewater infrastructure funds have been distributed
with respect to the identified needs of rural communities, economically
disadvantaged communities, and Tribal communities, and whether such
funds have addressed the needs of such communities equitably.
These are all laudable requirements; the Jackson Lee Amendment goes a
step further and adds a fifth requirement that the EPA Administrator
endeavor to calculate, measure,
[[Page H3573]]
and ``document the harm and injury caused by any identified inequities
in the distribution of wastewater infrastructure funds with respect to
the identified needs of rural communities, economically disadvantaged
communities, and Tribal communities.''
The events of the past year have laid bare for the nation and world
the systemic inequalities that unfortunately still exist in too many
sectors of American life, including the health care, education, and
criminal justice systems, housing patterns, and environmental quality
of life.
The path-breaking 2019 study and report, ``Flushed and Forgotten:
Sanitation and Wastewater in the Rural United States,'' conducted by
the Alabama Center for Rural Enterprise (ACRE), the Columbia Law School
Human Rights Clinic, and the Institute for the Study of Human Rights at
Columbia University concluded:
Sanitation is essential to everyday functions such as urination and
defecation. Without a system in place to dispose of wastewater,
individuals experience environmental contamination and health risks.
Common risks include infections such as hookworm and other tropical
diseases that were thought to be eradicated in the United States. These
can have serious impacts on health, including development, pregnancy,
and reproductive capacity. The perpetual appearance of wastewater in
and around homes that occur when systems are absent or failing, takes a
significant toll on mental health and the ability of individuals to
live with dignity.
These communities do not have the luxury to flush and forget as raw
sewage backs up into their yards and homes.
A lack of adequate sanitation can also perpetuate cycles of poverty
and marginalization through negative impacts on health, education, and
employment.
The burden for improving sanitation systems currently rests primarily
on homeowners, who receive little government support.
Securing sanitation can be costly, especially for individuals who
lack access to central wastewater systems.
Further, in some jurisdictions, failure to comply with sanitation 1
regulations leads to fines and criminal records, in effect
criminalizing poverty.
This criminalization compounds the challenges already faced by
individuals living in poverty.
Jackson Lee Amendment No. 15 requires the EPA Administrator to
document identified results from disparate treatment in the
distribution of wastewater funding to rural areas and communities of
color.
We cannot begin to pursue and implement effective measures to
ameliorate the damage caused until we know the extent of the injury,
which is the purpose of the Jackson Lee Amendment.
My next amendment to RCP 117-9 directs the EPA Administrator to
establish and implement a program under which the Administrator may
award grants to community water systems to carry out activities to
educate and assist persons served by the community water system in
adapting and responding to malevolent acts and natural hazards,
including sub-zero temperatures, that disrupt the provision of safe
drinking water or significantly affect the public health or the safety
or supply of drinking water provided to communities and individuals.
This past February, a historic cold outbreak led in the coldest air
in decades across the United States, reaching all the way to the Rio
Grande and bringing record amounts of snow and ice to the Deep South.
Over 154 million people, or roughly half the population of the
country, were in subfreezing temperatures.
1. Dallas dipped to 5 degrees Fahrenheit, the coldest temperature the
city has seen since 1989.
2. Oklahoma City hit 6 degrees below zero, the city's coldest
temperature since 1989, and the wind chill reached a record 29 degrees
below zero.
3. Austin and San Antonio in Texas both had single-digit temperatures
for the first time since 1989.
4. Corpus Christi, Texas, dipped down to 17 degrees, the coldest it's
been there since 1989.
5. Rapid City, South Dakota has had five consecutive nights of 12
degrees below zero. The last time this happened was in 1943.
6. The wind chill dipped to 32 degrees below zero in Kansas City,
Missouri, the lowest since 1989.
7. Monday's high of 3 degrees below zero and a low of 21 degrees
below zero was the coldest day in Omaha, Nebraska, in 25 years.
Texas power providers, Electric Reliability Council of Texas (ERCOT),
and Entergy Corporation, did not provide the needed weatherization of
power generating and delivery equipment after being warned in 2011
after a cold snap that the system would fail if these steps where not
taken.
What made matters worse was the Texas electric grid was not connected
to neighboring electric grids so that it could take power from other
electricity generating sources onto the Texas grid to heat homes or
businesses.
Today, too many families mourn the loss of a loved one, including the
mother of 11-year-old Cristian Pineda, after he and his family were
trapped in their mobile home for two days without electricity.
Nearly 8.8 million people--approximately a third of the state's total
population--still experienced water disruptions on Sunday evening,
according to the Texas Commission on Environmental Quality.
The disruptions impacted more than 1,200 public water systems in 199
counties in the state, and about 147 public water systems serving
``just under'' 120,000 people were nonoperational.
Active duty troops from Fort Hood, Texas, helped to provide clean
water to local inmates at jails in several towns in Texas that were
struggling to restore water supplies in the wake of the extremely cold
weather, and the Texas Agriculture Commissioner announced that grocery
stores were unable to get shipments of some products, and severe
weather conditions had created a ``food supply chain problem like we've
never seen before, even with Covid-19.''
No one was prepared for five days of subfreezing temperatures, ice
and snow-covered roads, and a failed energy grid throughout the state
of Texas.
That is why Jackson Lee Amendment No. 18 is necessary; to ensure that
should we experience another once-in-a-century ice storm like we did
earlier this year, that Americans will be prepared to ride it out
without unnecessary loss of life and minimal economic and physical
damage.
I thank the Rules Committee for making the Jackson Lee Amendments in
order and Chairman DeFazio for including them in the Chair's En Bloc
Amendment, and I urge all Members to vote for the Amendment and the
underlying legislation, the Invest in America Act of 2021.
Mr. ROUZER. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentlemen from North Carolina has 6\1/2\
minutes remaining. The gentlewoman from Kansas has 4 minutes remaining.
Mr. ROUZER. Mr. Speaker, I reserve the balance of my time.
Ms. DAVIDS of Kansas. Mr. Speaker, I yield 1 minute to the gentleman
from Texas (Mr. Green).
Mr. GREEN of Texas. Mr. Speaker, I would like to thank Chairperson
DeFazio for his leadership on this issue of importance to all
Americans. I especially want to thank the staff for being people with
great integrity. They are honorable people. With them, we can do great
things. Without them, we can do very little.
Mr. Speaker, there is no national drinking water standard for
chromium-6. The American Cancer Society lists chromium-6 as a known and
probable human carcinogen.
Mr. Speaker, there are an estimated 200 million Americans exposed to
drinking water with unsafe levels of chromium-6. This amendment, if
passed, will require the EPA to establish national standards for
chromium-6. Lives will be saved, and the American people will be in a
better place.
Mr. Speaker, I thank, again, Mr. DeFazio for his efforts. I also
would like to thank Debbie Strauss at KPRC Channel 2 for calling this
issue to my attention.
Mr. ROUZER. Mr. Speaker, I yield 3 minutes to the gentleman from Ohio
(Mr. Gibbs).
Mr. GIBBS. Mr. Speaker, Americans depend on basic infrastructure to
get to work and go about their daily lives, but our infrastructure is
crumbling.
The majority's bill proposes spending $715 billion over 5 years to
make a transformational investment in our infrastructure, including
more than $109 billion on transit. That is an extraordinary amount,
especially after all the relief we have provided transit agencies over
the last year, nearly $70 billion in total.
{time} 2240
For now, let's ignore the fact that none of this bill is paid for,
because instead of concentrating our taxpayer resources on real
infrastructure, the majority thinks we have the luxury of spending
these resources on art, sculptures, and nonfunctional landscaping.
Mr. Speaker, I don't know how many times we have to say that art is
not infrastructure. It does not provide mobility. It doesn't get you to
work or to the store. Our limited resources for transportation should
not be wasted on art. That is why this body in the FAST Act put in
place a bipartisan ban to prevent wasting our valuable transportation
dollars on nonfunctional art.
[[Page H3574]]
Interestingly, it seems that some on the other side still agree. Just
a few hours ago, the Democratic leadership tried to allow a vote on
restoring this commonsense ban but failed. This was an interesting
development, particularly since I offered an amendment during the
committee markup 3 weeks ago to ensure we keep the ban in place. Of
course, given this partisan process, the majority voted against my
committee amendment.
Throughout this whole process, the majority has turned its back on
bipartisanship and commonsense. My amendment now will keep in place
2015 the protection against wasting transportation money on art. We
simply can't afford to decorate the walls when the house is crumbling.
We shouldn't be putting art before the horse. It doesn't even pass the
laugh test that the majority continues to defend this policy.
Mr. Speaker, I ask unanimous consent to include the text of the
amendment in the Record immediately prior to the vote on the motion to
recommit.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
Ms. DAVIDS of Kansas. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Michigan (Ms. Stevens).
Ms. STEVENS. Mr. Speaker, I thank the vice chair of the
Transportation and Infrastructure Committee from the State of Kansas.
Mr. Speaker, I rise in support of the INVEST in America Act which
authorizes billions of dollars in direct infrastructure investment over
the next 5 years to address America's crumbling wastewater and local
water quality challenges--something we know all too well in Michigan,
particularly in the wake of our communities being deluged by storms and
deluged by wastewater coming up into our roads and into people's homes.
Less than 50 years ago, many U.S. rivers were little more than open
sewers with some so polluted that they literally caught fire--something
that, yet again, motivated Members of Congress from Michigan to enact
landmark legislation. But even today, communities are struggling.
For instance, for decades, to this day, residents of Centreville,
Illinois, a nearly all Black town of 5,000 in southern Illinois, just a
12-minute drive from downtown East St. Louis, had been dealing with
persistent flooding and sewage overflows.
The smell of it is in the air and all over the town after a rain, and
bits of soggy toilet paper and slicks of human waste cling to the grass
in the neighborhoods where children used to play on warm days.
This, Mr. Speaker, is why we commit to an infrastructure bill because
we are standing for the guarantee that everyone deserves to live safely
and in clean environments.
With that, Mr. Speaker, I urge my colleagues to support this
bipartisan bill that will get us the wastewater spend and make our
country great.
Mr. ROUZER. Mr. Speaker, if I could inquire how much time I have
remaining.
The SPEAKER pro tempore. The gentleman from North Carolina has 4\1/2\
minutes remaining. The gentlewoman from Kansas has 1 minute remaining.
Mr. ROUZER. Inquiry to the other side: Does the gentlewoman have
other speakers as well?
Ms. DAVIDS of Kansas. No, I do not, Mr. Speaker, and I am prepared to
close.
Mr. ROUZER. Mr. Speaker, I reserve the balance of my time.
Ms. DAVIDS of Kansas. Mr. Speaker, I urge my colleagues to support
these amendments en bloc, and I yield back the balance of my time.
Mr. ROUZER. Mr. Speaker, I have listened to the debate today, and it
is a real shame that a surface reauthorization bill and a wastewater
reauthorization bill have to be partisan. They shouldn't be partisan.
We wanted a bipartisan process, but that is not what we got. And here
we are today. In fact, we probably could have avoided even en bloc
amendments had we had the opportunity to have a bipartisan process. But
that is not the path, unfortunately, that our friends in the majority
chose to take; and that, Mr. Speaker, is quite regretful. It is
regretful in a number of ways, but most regretful for the great
citizens of this country.
Mr. Speaker, I urge my colleagues to oppose this amendment, and I
yield back the balance of my time.
Ms. MOORE of Wisconsin. Mr. Speaker, I rise in strong support of the
Invest in America Act. I thank Chairman DeFazio and Chairman Pallone,
among others, for their outstanding work in getting this bill to the
floor.
I appreciate their support for my amendments to this bill.
On the water portion of this bill, my three amendments attempt to:
(1) spur innovation to help address storm water challenges
(2) link efforts to remove lead pipes to creating jobs for low-income
and very low-income individuals where these projects take place, and
(3) strengthen an existing water workforce development program.
I have spoken directly to both Chairman DeFazio and Chairman Pallone
about the need to link investments in water infrastructure to jobs for
those in affected communities, especially for underserved communities.
So I am excited to have their support, both through provisions
including in the underlying bill, and for my amendments.
Every $1 billion invested in water infrastructure creates or sustains
approximately 28,000 American jobs. I want to make sure that those in
communities where these projects take place directly benefit from this
job creation.
Likewise, the new regional stormwater centers of excellence will help
support research into new and emerging technologies that can help to
meet stormwater needs in our communities, such as stopping sewer
overflows.
I thank both Chairs for working with me on these amendments and their
inclusion in this strong bill and urge my colleagues to vote for this
measure.
The SPEAKER pro tempore. Pursuant to House Resolution 504, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from Kansas (Ms. Davids).
The question is on the amendments en bloc.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. ROUZER. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 132 Offered by Mrs. Lee of Nevada
The SPEAKER pro tempore. It is now in order to consider amendment No.
132 printed in House Report 117-75.
Mrs. LEE of Nevada. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1549, after line 8, insert the following:
SEC. 12022. RULEMAKING ON CLIMATE RESILIENCY.
(a) In General.--Not later than 18 months after the date of
enactment of this section, the Administrator of the
Environmental Protection Agency, after notice and opportunity
for public comment, shall issue such regulations as are
necessary to require that an applicant for wastewater
infrastructure funds--
(1) undertake an assessment of the potential impacts of
climate change on the project or activity for which such
funds are sought; and
(2) where appropriate, incorporate measures to avoid,
minimize, or mitigate such potential impacts into the design
of such project or activity.
(b) Considerations.--In issuing regulations under
subsection (a)(1), the Administrator shall consider requiring
varying levels of assessments that reflect the scale or type
of the project or activity for which wastewater
infrastructure funds are sought.
(c) Consultation; Technical Assistance.--In carrying out
the rulemaking required under subsection (a), the
Administrator shall--
(1) consult with other Federal and State agencies,
municipalities, Tribal governments, owners and operators of
publicly owned treatment works, and other stakeholders with
experience in addressing potential impacts of climate change
on projects and activities eligible for wastewater
infrastructure funds; and
(2) identify entities to provide technical assistance to
applicants for wastewater infrastructure funds to assist such
applicants in incorporating the climate resilience measures
described under subsection (a)(2).
(d) Definitions.--In this section:
(1) Impacts of climate change.--The term ``impacts of
climate change'' includes observed changes to temperature,
precipitation patterns, drought, storms, flooding, and sea
level rise that may adversely impact the continued safe and
reliable operation of a treatment works.
(2) Municipality; state; treatment works.--The terms
``municipality'', ``State'',
[[Page H3575]]
and ``treatment works'' have the meaning given such terms in
section 502 of the Federal Water Pollution Control Act (33
U.S.C. 1362).
(3) Wastewater infrastructure funds.--The term ``wastewater
infrastructure funds'' means funds made available for
projects or activities under or pursuant to--
(A) title VI of the Federal Water Pollution Control Act (33
U.S.C. 1381 et seq.);
(B) section 122 of the Federal Water Pollution Control Act
(33 U.S.C. 1274);
(C) section 220 of the Federal Water Pollution Control Act
(33 U.S.C. 1300); and
(D) section 221 of the Federal Water Pollution Control Act
(33 U.S.C. 1301).
The SPEAKER pro tempore. Pursuant to House Resolution 508, the
gentlewoman from Nevada (Mrs. Lee) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Nevada.
Mrs. LEE of Nevada. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in strong support of my amendment No. 132
to the INVEST in America Act which would ensure that wastewater
infrastructure funding using the Clean Water State Revolving Fund or
other Clean Water Act grant programs undergo a climate resiliency
assessment.
Today, 88 percent of the West is under some form of drought. Back in
my home district, Nevada's Third, the water in Lake Mead sits at the
lowest level since the Hoover Dam was built. Almost half of my home
State of Nevada is experiencing exceptional drought--the highest
classification there is.
As I stand here today, the unfortunate truth is that this is not just
a Nevada problem. From coast to coast, climate change is here--it is
not some distant threat--and it demands that we take action for all of
our constituents.
Investments in infrastructure are desperately needed, and we need to
ensure that these projects can withstand the impact of climate change.
We cannot talk about infrastructure without talking about climate
change, because what good is it for us to invest millions or billions
in infrastructure if it can't hold up to the devastating impact of
climate change?
For example, we should be looking at how a water treatment facility
would withstand extreme heat, because the reality is, as we have
experienced, temperatures are rising. Just look at the West right now.
So as we are making investments in water treatment facilities, we must
ensure that these facilities will not fail under extreme heat,
straining already limited water resources.
A climate resiliency assessment might look at what happens when it is
120 degrees and the wastewater facility loses power during a blackout.
We need to ensure that our facilities are prepared for the realities
that we are facing. That is true whether we are talking about drought
and extreme heat or worsening hurricanes or even rising sea levels
along the coast.
My amendment will ensure that future wastewater infrastructure is
designed and constructed to withstand potential impacts of climate
change. Importantly, my amendment also is in line with a January 2020
report on water infrastructure from the nonpartisan Government
Accountability Office. This nonpartisan report recommended that
Congress require that climate resilience be considered in planning for
federally funded water infrastructure projects.
So I am implore all of you to join me in voting ``yes'' on my
amendment. We must ensure that our investments in infrastructure are
longlasting and resilient to the threat of climate change.
Mr. Speaker, I reserve the balance of my time.
{time} 2250
Mr. ROUZER. Mr. Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from North Carolina is
recognized for 5 minutes.
Mr. ROUZER. Mr. Speaker, I rise in opposition to Lee amendment No.
132. This amendment would require that any applicant for wastewater
infrastructure funds undertake an assessment regarding the potential
impacts of climate change on the project and to adjust that project
accordingly.
Well, that sounds well and good, but this layers a new Federal
mandate on top of the multitude of Federal regulations that are already
being imposed on States, Tribes, and local governments in order to
maintain their wastewater infrastructure and serve their communities.
A one-size-fits-all regulation like this will create more process and
increase project costs, but not add any more protection for projects,
the environment or the climate.
States, Tribes, and local governments are already incorporating
resiliency into their infrastructure project planning and
implementation. This is not 1960.
For example, the State revolving loan fund programs already fund a
wide range of projects to add resiliency and climate change. That makes
this amendment unnecessarily redundant and an impediment for
communities looking to upgrade their wastewater infrastructure.
Mr. Speaker, I urge my colleagues to oppose this amendment, and I
reserve the balance of my time.
Mrs. LEE of Nevada. Mr. Speaker, I would like to address a couple of
points that were raised.
First of all, if these requirements were already being met, I don't
understand why the GAO, in 2020, recommended that any investment in
federally funded infrastructure should undergo such an assessment.
Secondly, in terms of the burden, we have added language to this
amendment to make it not a one-size-fits-all. In fact, it will only
require assessment when appropriate for the project.
It will consider varying levels of assessments that reflect the
scale, or the type of the project, or activity for which the
infrastructure funds are sought; and it will identify entities to
provide technical assistance to applicants for wastewater
infrastructure funds to assist them. This is particularly geared toward
smaller investments.
Finally, with respect to this amendment being unnecessary, I say just
look around this country at what is happening. I mean, we want to be
fiscally responsible, and I don't think we want to make investments to
know that in 3 or 5 years, or even 1 year, they are rendered unusable
because of climate change.
So this, in fact, is a most necessary amendment, and we are feeling
the impacts of climate change right now, and the time is now to provide
these assessments.
Mr. Speaker, I reserve the balance of my time.
Mr. ROUZER. Mr. Speaker, in my past career, I have served as a senior
staffer in the U.S. Senate, under George W. Bush during his
administration, as a member of the State legislature, and now as a
Member of Congress. It is interesting to me that--and I have never
quite understood this, but our friends on the other side of the aisle
seem to think that Washington knows best about everything.
Our local communities, our States, our local partners, they know what
they are doing. Let's give them the flexibility. Let's let them do what
they need to do for their communities.
Climate change is not a new notion. It has been around for a little
while. You have got a lot of States and a lot of folks in private
enterprise, in fact, that are incorporating changes, not at the request
of Washington, but because that is what they feel like they need to do.
We don't need a one-size-fits-all approach for any of this. In fact,
a lot of this could have been worked out, had we had a bipartisan open
process, but we didn't.
Mr. Speaker, that is regrettable. I encourage my colleagues to oppose
this amendment, and I reserve the balance of my time.
Mrs. LEE of Nevada. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentlewoman has 30 seconds remaining.
Mrs. LEE of Nevada. Mr. Speaker, I will just, again, reiterate that
most importantly about this amendment is it does address local needs.
Specifically, we included language in this to allow for local entities.
But most importantly, they are accessing Federal dollars. So with
Federal dollars, I think we need to put some safeguards to make sure
that that investment will withstand the impact of climate change that
we are seeing all across this country.
Mr. Speaker, I yield back the balance of my time.
[[Page H3576]]
Mr. ROUZER. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentleman from North Carolina has 2
minutes remaining.
Mr. ROUZER. Mr. Speaker, again, we have had the opportunity here
tonight and before to have a very open bipartisan process. And that is
not what we have had, and that is quite regrettable. It is regrettable
from not only a standpoint of this institution, but it is regrettable
for the American people.
You know, all the proven successful surface reauthorization bills and
wastewater reauthorization bills, they went through a thorough
bipartisan process. That is not what we have had. Instead, we have just
had lip service.
When House Republicans held the majority, we led every successful
bipartisan effort in the last 30 years to reauthorize surface
transportation programs.
However, this time around, there has been little opportunity for
meaningful input from the minority, and this en bloc process just
continues down that same road.
Look no further than the number of Democrat amendments that we have
considered today, many of which have not been subjected to the scrutiny
of a standalone vote or debate. More than 100 Democrat amendments have
been approved by the Rules Committee, while less than 30 Republican
amendments have been made in order.
The majority argues they are moving this through regular order and
providing both sides with the opportunity to offer amendments. That is
not true.
Both sides should be appalled that this en bloc takes away from our
individual right to speak on these individual amendments and randomly
groups them with other items with zero input given to the amendments'
sponsor. It is all just a partisan move meant to further suppress the
minority's rights to fairly represent their constituents.
I think we can all agree that every Member deserves an opportunity to
be heard on these amendments.
Mr. Speaker, I encourage my colleagues to vote against this
amendment, and I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 504, the
previous question is ordered on the amendment offered by the
gentlewoman from Nevada (Mrs. Lee).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mrs. LEE of Nevada. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Pursuant to clause 1(c) of rule XIX, further consideration of the
bill (H.R. 3684) to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes, is
postponed.
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