[House Report 116-437]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-437
_______________________________________________________________________
INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE
TRANSPORTATION IN AMERICA ACT
----------
R E P O R T
of the
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
to accompany
H.R. 2
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 26, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE
TRANSPORTATION IN AMERICA ACT
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-437
_______________________________________________________________________
INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE
TRANSPORTATION IN AMERICA ACT
__________
R E P O R T
of the
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
to accompany
H.R. 2
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 26, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
U.S. GOVERNMENT PUBLISHING OFFICE
40-703 WASHINGTON : 2020
C O N T E N T S
----------
Page
Purpose of Legislation........................................... 269
Background and Need for Legislation.............................. 269
Hearings......................................................... 270
Legislative History and Consideration............................ 276
Committee Votes.................................................. 301
Committee Oversight Findings..................................... 325
New Budget Authority and Tax Expenditures........................ 326
Congressional Budget Office Cost Estimate........................ 326
Performance Goals and Objectives................................. 327
Duplication of Federal Programs.................................. 327
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 327
Federal Mandates Statement....................................... 327
Preemption Clarification......................................... 327
Advisory Committee Statement..................................... 327
Applicability of Legislative Branch.............................. 329
Section-by-Section Analysis of Legislation....................... 329
Changes in Existing Law Made by the Bill, as Reported............ 387
Minority Views................................................... 388
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-437
======================================================================
INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE
TRANSPORTATION IN AMERICA ACT
_______
June 26, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 2]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2) to authorize funds for Federal-
aid highways, highway safety programs, and transit programs,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) 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''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR
2021
Sec. 101. Extension of Federal surface transportation programs.
Sec. 102. Federal Highway Administration.
Sec. 103. Federal Transit Administration.
Sec. 104. National Highway Traffic Safety Administration.
Sec. 105. Federal Motor Carrier Safety Administration.
Sec. 106. Definitions.
DIVISION B--SURFACE TRANSPORTATION
Sec. 1001. Applicability of division.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Program Conditions
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation limitation.
Sec. 1103. Definitions and declaration of policy.
Sec. 1104. Apportionment.
Sec. 1105. Additional deposits into Highway Trust Fund.
Sec. 1106. Transparency.
Sec. 1107. Complete and context sensitive street design.
Sec. 1108. Innovative project delivery Federal share.
Sec. 1109. Transferability of Federal-aid highway funds.
Sec. 1110. Tolling.
Sec. 1111. HOV facilities.
Sec. 1112. Buy America.
Sec. 1113. Federal-aid highway project requirements.
Sec. 1114. State assumption of responsibility for categorical
exclusions.
Sec. 1115. Surface transportation project delivery program written
agreements.
Sec. 1116. Corrosion prevention for bridges.
Sec. 1117. Sense of Congress.
Subtitle B--Programmatic Infrastructure Investment
Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program.
Sec. 1207. Bridge investment.
Sec. 1208. Construction of ferry boats and ferry terminal facilities.
Sec. 1209. Highway safety improvement program.
Sec. 1210. Congestion mitigation and air quality improvement program.
Sec. 1211. Electric vehicle charging stations.
Sec. 1212. National highway freight program.
Sec. 1213. Carbon pollution reduction.
Sec. 1214. Recreational trails.
Sec. 1215. Safe routes to school program.
Sec. 1216. Bicycle transportation and pedestrian walkways.
Subtitle C--Project-Level Investments
Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Grants for charging and fueling infrastructure to modernize
and reconnect America for the 21st century.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural grant program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active transportation connectivity grant program.
Subtitle D--Planning, Performance Management, and Asset Management
Sec. 1401. Metropolitan transportation planning.
Sec. 1402. Statewide and nonmetropolitan transportation planning.
Sec. 1403. National goals and performance management measures.
Sec. 1404. Transportation demand data and modeling study.
Sec. 1405. Fiscal constraint on long-range transportation plans.
Subtitle E--Federal Lands, Tribes, and Territories
Sec. 1501. Territorial and Puerto Rico highway program.
Sec. 1502. Tribal transportation program.
Sec. 1503. Tribal High Priority Projects program.
Sec. 1504. Federal lands transportation program.
Sec. 1505. Federal lands and Tribal major projects program.
Sec. 1506. Office of Tribal Government Affairs.
Sec. 1507. Alternative contracting methods.
Sec. 1508. Divestiture of federally owned bridges.
Sec. 1509. Study on Federal funding available to Indian Tribes.
Sec. 1510. GAO study.
Subtitle F--Additional Provisions
Sec. 1601. Vision zero.
Sec. 1602. Speed limits.
Sec. 1603. Broadband infrastructure deployment.
Sec. 1604. Balance Exchanges for Infrastructure Program.
Sec. 1605. Stormwater best management practices.
Sec. 1606. Pedestrian facilities in the public right-of-way.
Sec. 1607. Highway formula modernization report.
Sec. 1608. Consolidation of programs.
Sec. 1609. Student outreach report to Congress.
Sec. 1610. Task force on developing a 21st century surface
transportation workforce.
Sec. 1611. On-the-job training and supportive services.
Sec. 1612. Work zone safety.
Sec. 1613. Transportation education development program.
Sec. 1614. Working group on construction resources.
Sec. 1615. Numbering system of highway interchanges.
Sec. 1616. Toll credits.
Sec. 1617. Transportation construction materials procurement.
Sec. 1618. Construction of certain access and development roads.
Sec. 1619. Nationwide road safety assessment.
Sec. 1620. Wildlife crossings.
Sec. 1621. Climate resilient transportation infrastructure study.
Sec. 1622. Elimination of duplication of environmental reviews and
approvals.
Sec. 1623. AMBER Alerts along major transportation routes.
Sec. 1624. Natural gas, electric battery, and zero emission vehicles.
Sec. 1625. Guidance on evacuation routes.
Sec. 1626. Prohibiting use of Federal funds for payments in support of
congressional campaigns.
Sec. 1627. High priority corridors on National Highway System.
Sec. 1628. Guidance on inundated and submerged roads.
Sec. 1629. Airport innovative financing techniques.
TITLE II--PUBLIC TRANSPORTATION
Subtitle A--Federal Transit Administration
Sec. 2101. Authorizations.
Sec. 2102. Chapter 53 definitions.
Sec. 2103. General provisions.
Sec. 2104. Miscellaneous provisions.
Sec. 2105. Policies and purposes.
Sec. 2106. Fiscal year 2022 formulas.
Sec. 2107. Metropolitan transportation planning.
Sec. 2108. Statewide and nonmetropolitan transportation planning.
Sec. 2109. Obligation limitation.
Sec. 2110. Public transportation emergency relief funds.
Sec. 2111. General provisions.
Sec. 2112. Certification requirements.
Subtitle B--Improving Frequency and Ridership
Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive
grants.
Sec. 2202. Incentivizing frequency in the urban formula.
Sec. 2203. Mobility innovation.
Sec. 2204. Formula grants for rural areas.
Sec. 2205. One-stop paratransit program.
Subtitle C--Buy America and Other Procurement Reforms
Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
Sec. 2304. Repayment requirement.
Sec. 2305. Definition of urbanized areas following a major disaster.
Sec. 2306. Special rule for certain rolling stock procurements.
Sec. 2307. Certification requirements.
Subtitle D--Bus Grant Reforms
Sec. 2401. Formula grants for buses.
Sec. 2402. Bus facilities and fleet expansion competitive grants.
Sec. 2403. Zero emission bus grants.
Sec. 2404. Restoration to state of good repair formula subgrant.
Subtitle E--Supporting All Riders
Sec. 2501. Low-income urban formula funds.
Sec. 2502. Rural persistent poverty formula.
Sec. 2503. Demonstration grants to support reduced fare transit.
Subtitle F--Supporting Frontline Workers and Passenger Safety
Sec. 2601. National transit frontline workforce training center.
Sec. 2602. Public transportation safety program.
Sec. 2603. Innovation workforce standards.
Sec. 2604. Safety performance measures and set asides.
Sec. 2605. U.S. Employment Plan.
Sec. 2606. Technical assistance and workforce development.
Subtitle G--Transit-Supportive Communities
Sec. 2701. Transit-supportive communities.
Sec. 2702. Property disposition for affordable housing.
Sec. 2703. Affordable housing incentives in capital investment grants.
Subtitle H--Innovation
Sec. 2801. Mobility innovation sandbox program.
Sec. 2802. Transit bus operator compartment redesign program.
Sec. 2803. Federal Transit Administration Every Day Counts initiative.
Sec. 2804. Technical corrections.
Sec. 2805. National advanced technology transit bus development
program.
Subtitle I--Other Program Reauthorizations
Sec. 2901. Reauthorization for capital and preventive maintenance
projects for Washington Metropolitan Area Transit Authority.
Sec. 2902. Other apportionments.
Subtitle J--Streamlining
Sec. 2911. Fixed guideway capital investment grants.
Sec. 2912. Rural and small urban apportionment deadline.
Sec. 2913. Disposition of assets beyond useful life.
Sec. 2914. Innovative coordinated access and mobility.
Sec. 2915. Passenger ferry grants.
Sec. 2916. Evaluation of benefits and Federal investment.
TITLE III--HIGHWAY TRAFFIC SAFETY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Traffic safety enforcement grants.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. High-visibility enforcement program.
Sec. 3007. National priority safety programs.
Sec. 3008. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 3009. National priority safety program grant eligibility.
Sec. 3010. Implicit bias research and training grants.
Sec. 3011. Stop motorcycle checkpoint funding.
Sec. 3012. Electronic driver's license.
Sec. 3013. Motorcyclist Advisory Council.
TITLE IV--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grants, Operations, and Programs
Sec. 4101. Motor carrier safety grants.
Sec. 4102. Motor carrier safety operations and programs.
Sec. 4103. Immobilization grant program.
Sec. 4104. Dry bulk weight tolerance.
Subtitle B--Motor Carrier Safety Oversight
Sec. 4201. Motor carrier safety advisory committee.
Sec. 4202. Compliance, safety, accountability.
Sec. 4203. Terms and conditions for exemptions.
Sec. 4204. Safety fitness of motor carriers of passengers.
Sec. 4205. Providers of recreational activities.
Sec. 4206. Amendments to regulations relating to transportation of
household goods in interstate commerce.
Subtitle C--Commercial Motor Vehicle Driver Safety
Sec. 4301. Commercial driver's license for passenger carriers.
Sec. 4302. Alcohol and controlled substances testing.
Sec. 4303. Entry-level driver training.
Sec. 4304. Driver detention time.
Sec. 4305. Truck Leasing Task Force.
Sec. 4306. Hours of service.
Sec. 4307. Driver recruitment.
Sec. 4308. Screening for obstructive sleep apnea.
Sec. 4309. Women of Trucking Advisory Board.
Subtitle D--Commercial Motor Vehicle and Schoolbus Safety
Sec. 4401. Schoolbus safety standards.
Sec. 4402. Illegal passing of schoolbuses.
Sec. 4403. State inspection of passenger-carrying commercial motor
vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
Sec. 4407. Additional State authority.
Sec. 4408. Updating the required amount of insurance for commercial
motor vehicles.
TITLE V--INNOVATION
Sec. 5001. Authorization of appropriations.
Subtitle A--Research and Development
Sec. 5101. Highway research and development program.
Sec. 5102. Materials to reduce greenhouse gas emissions program.
Sec. 5103. Transportation research and development 5-year strategic
plan.
Sec. 5104. University transportation centers program.
Sec. 5105. Unsolicited research initiative.
Sec. 5106. National cooperative multimodal freight transportation
research program.
Sec. 5107. Wildlife-vehicle collision reduction and habitat
connectivity improvement.
Sec. 5108. Research activities.
Sec. 5109. Innovative material innovation hubs.
Subtitle B--Technology Deployment
Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement
technologies.
Sec. 5203. Federal Highway Administration Every Day Counts initiative.
Subtitle C--Emerging Technologies
Sec. 5301. Safe, efficient mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation
clearinghouse.
Sec. 5304. Study on safe interactions between automated vehicles and
road users.
Sec. 5305. Nontraditional and Emerging Transportation Technology
Council.
Sec. 5306. Hyperloop transportation.
Sec. 5307. Surface transportation workforce retraining grant program.
Sec. 5308. Third-party data integration pilot program.
Sec. 5309. Third-party data planning integration pilot program.
Subtitle D--Surface Transportation Funding Pilot Programs
Sec. 5401. State surface transportation system funding pilots.
Sec. 5402. National surface transportation system funding pilot.
Subtitle E--Miscellaneous
Sec. 5501. Ergonomic seating working group.
Sec. 5502. Repeal of section 6314 of title 49, United States Code.
Sec. 5503. Transportation workforce outreach program.
Sec. 5504. Certification on ensuring no human rights abuses.
TITLE VI--MULTIMODAL TRANSPORTATION
Sec. 6001. National multimodal freight policy.
Sec. 6002. National freight strategic plan.
Sec. 6003. National multimodal freight network.
Sec. 6004. State freight advisory committees.
Sec. 6005. State freight plans.
Sec. 6006. Study of freight transportation fee.
Sec. 6007. National Surface Transportation and Innovative Finance
Bureau.
Sec. 6008. Local hire.
Sec. 6009. FTE cap.
Sec. 6010. Identification of COVID-19 testing needs of critical
infrastructure employees.
TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT
Sec. 7001. Transportation Infrastructure Finance and Innovation Act.
DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 8001. Short title.
TITLE I--AUTHORIZATIONS
Sec. 8101. Authorization of appropriations.
TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT
Sec. 8201. Repeal of certain requirements related to lithium cells and
batteries.
Sec. 8202. Transportation of liquefied natural gas by rail tank car.
Sec. 8203. Hazardous materials training requirements and grants.
DIVISION D--RAIL
Sec. 9001. Short title.
TITLE I--AUTHORIZATIONS
Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion
grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement
grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Buy America.
Sec. 9106. Rail network climate change vulnerability assessment.
TITLE II--AMTRAK REFORMS
Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Recreational trail access.
Sec. 9217. Investigation of substandard performance.
Sec. 9218. Amtrak cybersecurity enhancement grant program.
Sec. 9219. Amtrak and private cars.
Sec. 9220. Amtrak Office of Community Outreach.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. High-speed rail funds.
TITLE IV--COMMUTER RAIL POLICY
Sec. 9401. Surface Transportation Board mediation of trackage use
requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use
requests.
Sec. 9403. Chicago Union Station improvement plans.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
Sec. 9501. National Academies study on safety impact of trains longer
than 7,500 feet.
Sec. 9502. GAO study on changes in freight railroad operating and
scheduling practices.
Sec. 9503. FRA safety reporting.
Sec. 9504. Waiver notice requirements.
Sec. 9505. Notice of FRA comprehensive safety assessments.
Sec. 9506. FRA accident and incident investigations.
Sec. 9507. Rail safety improvements.
Sec. 9508. Annual review of speed limit action plans.
Sec. 9509. Freight train crew size safety standards.
Sec. 9510. Safe cross border operations.
Sec. 9511. Yardmasters hours of service.
Sec. 9512. Leaking brakes.
Sec. 9513. Annual report on PTC system failures.
Sec. 9514. Fatigue reduction pilot projects.
Sec. 9515. Assault prevention and response plans.
Sec. 9516. Critical incident stress plans.
Sec. 9517. Study on safety culture assessments.
Subtitle B--Grade Crossing Safety
Sec. 9551. Grade crossing separation grants.
Sec. 9552. Rail safety public awareness grants.
Sec. 9553. Establishment of 10-minute time limit for blocking public
grade crossings.
Sec. 9554. National strategy to address blocked crossings.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Counting railroad suicides.
DIVISION E--ADDITIONAL PROGRAMS
Sec. 10001. National scenic byways program.
DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR
2021
SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.
(a) Extension of Federal Surface Transportation Programs.--
(1) In general.--Except as otherwise provided in this
division, the requirements, authorities, conditions,
eligibilities, limitations, and other provisions authorized
under the covered laws, which would otherwise expire on or
cease to apply after September 30, 2020, are incorporated by
reference and shall continue in effect through September 30,
2021.
(2) Authorization of appropriations.--
(A) Highway trust fund.--
(i) Highway account.--
(I) In general.--Except as provided
in subclause (II), there is authorized
to be appropriated from the Highway
Account for fiscal year 2021, for each
program under the covered laws with
respect to which amounts are authorized
to be appropriated from such account
for fiscal year 2020, an amount equal
to the amount authorized for
appropriation with respect to the
program from such account for fiscal
year 2020.
(II) Administrative expenses.--
Notwithstanding any other provision of
this division, there is authorized to
be appropriated from the Highway
Account for fiscal year 2021--
(aa) $502,897,049 for
administrative expenses of the
Federal Highway Administration,
as described in section 104(a)
of title 23, United States
Code; and
(bb) $30,086,000 for grant
administrative expenses of the
National Highway Traffic Safety
Administration, as described in
section 4001(a)(6) of the FAST
Act (Public Law 114-94).
(ii) Mass transit account.--There is
authorized to be appropriated from the Mass
Transit Account for fiscal year 2021, for each
program under the covered laws with respect to
which amounts are authorized to be appropriated
from such account for fiscal year 2020, an
amount equal to the amount authorized for
appropriation with respect to the program from
such account for fiscal year 2020.
(B) General fund.--
(i) In general.--Except as provided in clause
(ii), there is authorized to be appropriated
for fiscal year 2021, for each program with
respect to which amounts are authorized to be
appropriated for fiscal year 2020 from an
account other than the Highway Account or the
Mass Transit Account under the titles described
in subsection (b)(1), an amount not less than
the amount authorized for appropriation with
respect to the program under such titles for
fiscal year 2020.
(ii) Administrative expenses.--
Notwithstanding any other provision of this
division, there is authorized to be
appropriated from the general fund of the
Treasury for fiscal year 2021 $140,016,543 for
administrative expenses of the Federal Transit
Administration.
(3) Use of funds.--Except as otherwise provided in this
division, amounts authorized to be appropriated for fiscal year
2021 with respect to a program under paragraph (2) shall be
distributed, administered, limited, and made available for
obligation in the same manner as amounts authorized to be
appropriated with respect to the program for fiscal year 2020
under the covered laws.
(4) Obligation limitation.--
(A) In general.--Except as provided in subparagraph
(B), a program for which amounts are authorized to be
appropriated under paragraph (2)(A) shall be subject to
a limitation on obligations for fiscal year 2021 in the
same amount and in the same manner as the limitation
applicable with respect to the program for fiscal year
2020 under the Department of Transportation
Appropriations Act, 2020 (Public Law 116-94), as in
effect on December 20, 2019.
(B) Federal-aid highway and highway safety
construction programs.--
(i) In general.--Notwithstanding any other
provision of this division, section 1102 of the
FAST Act (Public Law 114-94), or the Department
of Transportation Appropriations Act, 2020
(Public Law 116-94), for fiscal year 2021, the
obligations for Federal-aid highway and highway
safety construction programs shall not exceed
$46,387,191,360.
(ii) Limitation on federal highway
administration administrative expenses.--
Notwithstanding any other provision of this
division, of the amount described in clause
(i), for fiscal year 2021 an amount not to
exceed $478,897,049, together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for
necessary expenses for administration and
operation of the Federal Highway
Administration.
(b) Definitions.--In this section, the term ``covered laws'' means
the following:
(1) Titles I, III, IV, V, and VI of division A of the FAST
Act (Public Law 114-94).
(2) Division A, division B, subtitle A of title I and title
II of division C, and division E of MAP-21 (Public Law 112-
141).
(3) Titles I, II, and III of the SAFETEA-LU Technical
Corrections Act of 2008 (Public Law 110-244).
(4) Titles I, II, III, IV, V, and VI of SAFETEA-LU (Public
Law 109-59).
(5) Titles I, II, III, IV, and V of the Transportation Equity
Act for the 21st Century (Public Law 105-178).
(6) Titles II, III, and IV of the National Highway System
Designation Act of 1995 (Public Law 104-59).
(7) Title I, part A of title II, title III, title IV, title
V, and title VI of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240).
(8) Title 23, United States Code.
(9) Sections 116, 117, 330, and 5505 and chapters 53, 139,
303, 311, 313, 701, and 702 of title 49, United States Code.
SEC. 102. FEDERAL HIGHWAY ADMINISTRATION.
(a) Additional Amounts.--
(1) Authorization of appropriations.--
(A) In general.--In addition to amounts authorized
under section 101, there is authorized to be
appropriated from the Highway Account for fiscal year
2021, for activities under this section,
$14,742,808,640.
(B) Contract authority.--Amounts authorized to be
appropriated under subparagraph (A) shall be available
for obligation as if apportioned under chapter 1 of
title 23, United States Code.
(2) Obligation ceiling.--
(A) In general.--Notwithstanding any other provision
of law, for fiscal year 2021, obligations for
activities authorized under paragraph (1) shall not
exceed $14,742,808,640.
(B) Distribution of obligation authority.--
(i) In general.--Of the obligation authority
provided under subparagraph (A), the Secretary
shall make available to States, Tribes, Puerto
Rico, the territories, and Federal land
management agencies, during the period of
fiscal year 2021, amounts of obligation
authority equal to the amounts described in
subparagraphs (A) through (E) of paragraph (3),
respectively.
(ii) Further distribution.--Each State, each
Tribe, Puerto Rico, each territory, and each
Federal land management agency receiving funds
under subparagraphs (A) through (E) of
paragraph (3), respectively, shall receive an
amount of obligation authority equal to the
funds that it receives under any of such
subparagraphs.
(C) Redistribution of unused obligation authority.--
(i) In general.--Notwithstanding subparagraph
(B), the Secretary shall, after August 1 of
fiscal year 2021--
(I) revise a distribution of the
obligation authority made available
under subparagraph (B) if an amount
distributed cannot be obligated during
that fiscal year; and
(II) redistribute sufficient amounts
to those States able to obligate
amounts in addition to those previously
distributed during that fiscal year,
giving priority to those States having
large unobligated balances of funds
apportioned under sections 144 (as in
effect on the day before the date of
enactment of MAP-21 (Public Law 112-
141)) and 104 of title 23, United
States Code.
(ii) Administration.--The Secretary shall
administer a redistribution under clause (i) of
obligation authority provided under
subparagraph (B) in a similar manner as the
standard August redistribution.
(iii) Use of obligation authority.--A State
may use obligation authority that it receives
pursuant to this subparagraph in the same
manner that it uses obligation authority that
it receives as part of the standard August
redistribution.
(3) Distribution of funds.--Amounts authorized to be
appropriated for fiscal year 2021 under paragraph (1) shall be
distributed as follows:
(A) $14,384,629,710 to the States.
(B) $167,481,814 to Tribes.
(C) $52,400,251 to Puerto Rico.
(D) $13,929,181 to the territories.
(E) $124,367,684 to Federal land management agencies.
(4) State funds.--
(A) Distribution.--
(i) In general.--Amounts made available under
paragraph (3)(A) shall be distributed among the
States in the same ratio as total State
apportionments under section 104(c)(1) of title
23, United States Code, in fiscal year 2020.
(ii) Suballocation.--
(I) In general.--Amounts distributed
among the States under clause (i) shall
be suballocated within the State to an
area described in subclause (II) in the
proportion that--
(aa) the total amount of
funds suballocated to such area
of the State as described in
such subclause for fiscal year
2020; bears to
(bb) the total amount of
funds apportioned to the State
for the Federal-aid highway
program under section 104 of
title 23, United States Code,
for fiscal year 2020.
(II) Areas described.--The areas
described in this subclause are--
(aa) urbanized areas of the
State with an urbanized area
population of over 200,000;
(bb) areas of the State other
than urban areas with a
population greater than 5,000;
and
(cc) other areas of the
State.
(B) Treatment.--Except as otherwise provided in this
paragraph, amounts made available under paragraph
(3)(A) shall be administered as if apportioned under
chapter 1 of title 23, United States Code.
(C) Use of funds.--Amounts made available under
paragraph (3)(A) may be obligated for--
(i) eligible projects described in section
133(b) of title 23, United States Code, subject
to section 133(c) of such title; and
(ii) administrative expenses, including
salaries and benefits, of--
(I) the State department of
transportation;
(II) a local transportation agency;
or
(III) a metropolitan planning
organization.
(5) Tribal funds.--
(A) Treatment.--
(i) In general.--Except as otherwise provided
in this paragraph, amounts made available under
paragraph (3)(B) shall be administered as if
made available under section 202 of title 23,
United States Code.
(ii) Nonapplicability of certain provisions
of law.--Subsections (a)(6), (c), (d), and (e)
of section 202 of title 23, United States Code,
shall not apply to amounts made available under
paragraph (3)(B).
(B) Use of funds.--Amounts made available under
paragraph (3)(B) may be obligated for--
(i) activities eligible under section
202(a)(1) of title 23, United States Code; and
(ii) transportation-related administrative
expenses, including salaries and benefits, of
the Tribe.
(6) Funds for puerto rico and the territories.--
(A) Treatment.--
(i) In general.--Except as otherwise provided
in this paragraph, amounts made available under
paragraphs (3)(C) and (3)(D) shall be
administered as if allocated under sections
165(b) and 165(c), respectively, of title 23,
United States Code.
(ii) Nonapplicability of certain provisions
of law.--Section 165(b)(2) of title 23, United
States Code, shall not apply to amounts made
available to Puerto Rico under paragraph
(3)(C).
(B) Use of funds.--
(i) Puerto rico.--Amounts made available to
Puerto Rico under paragraph (3)(C) may be
obligated for--
(I) activities eligible under chapter
1 of title 23, United States Code; and
(II) transportation related
administrative expenses, including
salaries and benefits.
(ii) Territories.--Amounts made available to
a territory under paragraph (3)(D) may be
obligated for--
(I) activities eligible under section
165(c)(6) of title 23, United States
Code, subject to section 165(c)(7) of
such title; and
(II) transportation-related
administrative expenses, including
salaries and benefits.
(7) Federal land management agency funds.--
(A) Distribution.--Amounts made available under
paragraph (3)(E) shall be distributed among the Federal
land management agencies as follows:
(i) $99,494,147 for the National Park
Service.
(ii) $9,949,415 for the United States Fish
and Wildlife Service.
(iii) $6,301,296 for the United States Forest
Service.
(iv) $8,622,826 to be allocated to the
applicable Federal land management agencies as
described in section 203(b) of title 23, United
States Code.
(B) Treatment.--Amounts made available under
paragraph (3)(E) shall be administered as if made
available under section 203 of title 23, United States
Code.
(8) Disadvantaged business enterprises.--Section 1101(b) of
the FAST Act (Public Law 114-94) shall apply to additional
amounts made available under paragraph (1).
(b) Special Rules for Fiscal Year 2021.--
(1) Suballocated amounts.--
(A) Use of funds.--Amounts authorized to be
appropriated for fiscal year 2021 with respect to a
program under section 101(a)(2)(A) that are
suballocated pursuant to section 133(d)(1)(A) of title
23, United States Code, may be obligated for--
(i) eligible projects as described in section
133(b) of title 23, United States Code; or
(ii) administrative expenses, including
salaries and benefits, of--
(I) a local transportation agency; or
(II) a metropolitan planning
organization.
(B) Obligation authority.--
(i) In general.--A State that is required to
obligate in an urbanized area with an urbanized
area population of over 200,000 individuals
under section 133(d) of title 23, United States
Code, funds apportioned to the State under
section 104(b)(2) of such title shall make
available during the period of fiscal years
2016 through 2021 an amount of obligation
authority distributed to the State for Federal-
aid highways and highway safety construction
programs for use in the area that is equal to
the amount obtained by multiplying--
(I) the aggregate amount of funds
that the State is required to obligate
in the area under section 133(d) of
title 23, United States Code, during
the period; and
(II) the ratio that--
(aa) the aggregate amount of
obligation authority
distributed to the State for
Federal-aid highways and
highway safety construction
programs during the period;
bears to
(bb) the total of the sums
apportioned to the State for
Federal-aid highways and
highway safety construction
programs (excluding sums not
subject to an obligation
limitation) during the period.
(ii) Joint responsibility.--Each State, each
affected metropolitan planning organization,
and the Secretary shall jointly ensure
compliance with clause (i).
(2) Ferry boat program.--Amounts authorized to be
appropriated for fiscal year 2021 with respect to a program
under section 101(a)(2)(A) that are made available for the
construction of ferry boats and ferry terminal facilities under
section 147 of title 23, United States Code, may be obligated--
(A) in accordance with sections 129(c) and 147 of
title 23, United States Code;
(B) for administrative expenses, including salaries
and benefits, of a ferry boat operator or ferry
terminal facility operator eligible for Federal
participation under section 129(c) of title 23, United
States Code; and
(C) for operating costs associated with a ferry boat
or ferry terminal facility eligible for Federal
participation under section 129(c) of title 23, United
States Code.
(3) Nationally significant freight and highway projects.--In
fiscal year 2021, the program carried out under section 117 of
title 23, United States Code, shall, in addition to any
otherwise applicable requirements, be subject to the following
provisions:
(A) Multimodal projects.--Notwithstanding subsection
(d)(2)(A) of such section, the limitation for projects
described in such subsection shall be $600,000,000 for
fiscal years 2016 through 2021.
(B) Additional considerations.--Notwithstanding
subsection (h)(2) of such section, the Secretary shall
not consider the utilization of non-Federal
contributions.
(C) Evaluation and rating.--To evaluate applications
for funding under such section, the Secretary shall--
(i) determine whether a project is eligible
for a grant under such section;
(ii) evaluate, through a methodology that is
discernible and transparent to the public, how
each application addresses the merit criteria
established by the Secretary;
(iii) assign a quality rating for each merit
criteria for each application based on the
evaluation under clause (ii);
(iv) ensure that applications receive final
consideration by the Secretary to receive an
award under such section only on the basis of
such quality ratings and that the Secretary
gives final consideration only to applications
that meet the minimally acceptable level for
each of the merit criteria; and
(v) award grants only to projects rated
highly under the evaluation and rating process.
(D) Publication and methodology.--In any published
notice of funding opportunity for a grant under such
section, the Secretary shall include detailed
information on the rating methodology and merit
criteria to be used to evaluate applications.
(E) Repeat applications.--
(i) Briefing.--The Secretary shall provide to
each applicant that applied for, but did not
receive, funding under such section in fiscal
year 2019 or 2020, at the request of the
applicant, the opportunity to receive a
briefing to--
(I) explain any reasons the
application was not selected for
funding; and
(II) advise the applicant on how to
improve the application for
resubmission in fiscal year 2021 under
the application criteria described in
this paragraph.
(ii) Supplementary application.--
(I) In general.--An applicant for
funding under such section may elect to
resubmit an application from a previous
solicitation with a supplementary
appendix that describes how the
proposed project meets the requirements
of section 117 of title 23, United
States Code, and this paragraph.
(II) Requirements.--The Secretary
shall ensure that applications
submitted under subclause (I),
including the supplementary appendix,
are evaluated based on such
requirements.
(F) Congressional notification.--A notification
submitted pursuant to subsection (m) of such section
shall include--
(i) a summary of each application submitted
and, at the request of either Committee, a copy
of any application submitted;
(ii) a list of any projects the Secretary
determined were not eligible for funding;
(iii) a description of the specific criteria
used for each evaluation, including the quality
rating assigned for each eligible application
submitted;
(iv) a list of all projects that advanced to
the Secretary for consideration; and
(v) a detailed justification of the basis for
each award proposed to be selected.
(c) Federal Share.--
(1) In general.--Except as provided in paragraph (3) and
notwithstanding section 120 of title 23, United States Code, or
any other provision of this division, the Federal share
associated with funds described in paragraph (2) that are
obligated during fiscal year 2021 may be up to 100 percent.
(2) Funds described.--The funds described in this paragraph
are funds made available for the implementation or execution of
Federal-aid highway and highway safety construction programs
authorized under title 23 or 49, United States Code, the FAST
Act (Public Law 114-94), or this division.
(3) Exceptions.--Paragraph (1) shall not apply to amounts
obligated under section 115 or 117 of title 23, United States
Code, or chapter 6 of such title.
(d) Administrative Expenses.--
(1) Self-certification and audit.--
(A) In general.--Prior to the obligation of funds for
administrative expenses pursuant to paragraph
(4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or
(6)(B)(ii)(II) of subsection (a) or paragraphs
(1)(A)(ii) and (2)(B) of subsection (b), a State, a
Tribe, Puerto Rico, or a territory, as applicable,
shall certify to the Secretary that such administrative
expenses meet the requirements of such paragraphs, as
applicable.
(B) Audit.--The Secretary may conduct an audit to
review obligations of funds and liquidation of such
obligations for eligible administrative expenses
described under subparagraph (A).
(2) Planning.--Notwithstanding any other provision of law,
administrative expenses described in paragraph (1)(A) shall not
be required to be included in a metropolitan transportation
plan, a long-range statewide transportation plan, a
transportation improvement program, or a statewide
transportation improvement program under sections 134 or 135 of
title 23, United States Code, or chapter 53 of title 49, United
States Code, as applicable.
(e) Definitions.--In this section, the following definitions apply:
(1) Standard august redistribution.--The term ``standard
August redistribution'' means the redistribution of obligation
authority that the Secretary is directed to administer under--
(A) section 1102(d) of the FAST Act (Public Law 114-
94); or
(B) any Act making appropriations for the Department
of Transportation for fiscal year 2021.
(2) State.--The term ``State'' means the 50 States and the
District of Columbia.
(3) Territory.--The term ``territory'' means any of the
following territories of the United States:
(A) American Samoa.
(B) The Commonwealth of the Northern Mariana Islands.
(C) Guam.
(D) The United States Virgin Islands.
(4) Urban area; urbanized area.--The terms ``urban area'' and
``urbanized area'' have the meanings given such terms in
section 101 of title 23, United States Code.
SEC. 103. FEDERAL TRANSIT ADMINISTRATION.
(a) Additional Amounts.--
(1) Authorization of appropriations from mass transit
account.--
(A) In general.--In addition to amounts authorized
under section 101, there is authorized to be
appropriated from the Mass Transit Account for fiscal
year 2021, for activities under this section,
$5,794,851,538.
(B) Apportionment.--Amounts authorized under
subparagraph (A) shall be apportioned in accordance
with section 5310, section 5311 (other than subsections
(b)(3), (c)(1)(A), and (c)(2) of such section), section
5336 (other than subsection (h)(4) of such section),
section 5337, and section 5340 of title 49, United
States Code, except that funds apportioned under
section 5337 of such title shall be added to funds
apportioned under section 5307 of such title for
administration under section 5307 of such title.
(C) Allocation.--The Secretary shall allocate the
amounts authorized to be appropriated to sections 5307,
5310, 5311, 5337, and 5340 of title 49, United States
Code, among such sections in the same ratio as funds
are provided in the fiscal year 2020 appropriations.
(D) Obligation limitation.--Notwithstanding any other
provision of law, for fiscal year 2021, obligations for
activities authorized under this paragraph shall not
exceed $5,794,851,538.
(2) Authorization of appropriations from general fund.--In
addition to amounts authorized under section 101(a)(1)(B),
there is authorized to be appropriated from the general fund of
the Treasury--
(A) $958,000,000 to carry out section 5309 of title
49, United States Code; and
(B) such sums as may be necessary to be made
available as described in subsection (c) and that such
sums shall be designated by the Congress as being for
an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(3) Disadvantaged business enterprises.--Section 1101(b) of
the FAST Act (Public Law 114-94) shall apply to additional
amounts made available under this subsection.
(b) Special Rules for Fiscal Year 2021.--
(1) Use of funds.--Notwithstanding 5307(a)(1) of title 49,
United States Code, amounts made available under subsection
(a)(1)(A) may be obligated for--
(A) operating expenses, including, beginning on
January 20, 2020--
(i) reimbursement for operating costs to
maintain service and offset lost revenue,
including the purchase of personal protective
equipment; and
(ii) paying the administrative leave of
operations personnel due to reductions in
service; and
(B) any other activity eligible under section 5307,
5310, 5311, or 5337 of title 49, United States Code.
(2) Conditions.--Recipients use of funds under paragraph (1)
shall--
(A) not require that operating expenses described in
paragraph (1)(A) be included in a metropolitan
transportation plan, long-range statewide
transportation plan, a transportation improvement
program, or a statewide transportation improvement
program;
(B) meet the requirements of section 5333 of title
49, United States Code; and
(C) to the maximum extent possible, be directed to
payroll and public transit service, unless the
recipient certifies to the Secretary that such
recipient has not furloughed any employees.
(3) Oversight.--
(A) Of the amounts made available to carry out this
section, the percentages available for oversight in
section 5338(f)(1) of title 49, United States Code,
shall apply to the allocations of funds in subsection
(a)(1)(C).
(B) Use of funds.--Amounts made available under
subsection (a)(1)(A) shall be available for
administrative expenses and program management
oversight as authorized under sections 5334 and
5338(f)(2) of title 49, United States Code.
(4) Administration of grants.--Amounts made available under
subsection (a)(1)(A) shall be administered, at the option of
the recipient, as grants provided under the CARES Act (Public
Law 116-136) are administered.
(c) CIG COVID-19 Emergency Relief Program.--
(1) In general.--From amounts made available under subsection
(a)(2)(B) and notwithstanding section 5309(k)(2)(C)(ii),
section 5309(a)(7)(B), or section 5309(l)(1)(B)(ii) of title
49, United States Code, at the request of a project sponsor,
the Secretary shall use such sums as may be necessary to
provide an additional 30 percent of total project costs for any
project under--
(A) 5309(d) of title 49, United States Code, that has
been approved for advancement into the engineering
phase;
(B) 5309(e) of title 49, United States Code, that has
entered into the project development phase or approved
for advancement into the engineering phase;
(C) subsection (d) or (e) of section 5309 of title
49, United States Code, that has a full funding grant
agreement entered into under either such subsection
after January 1, 2017; and
(D) section 5309(h) of title 49, United States Code,
that the Federal Transit Administration has a small
starts grant award or agreement entered into after
January, 1, 2017, or that has been recommended by the
Administration for an allocation of capital investment
funds that were appropriated in fiscal year 2018, 2019,
or 2020.
(2) Project eligibility.--From amounts made available under
subsection (a)(2)(B), the Secretary shall use such sums as may
be necessary for projects under section 5309 of title 49,
United States Code, that--
(A) are not eligible for funds made available under
paragraph (1); and
(B) have remaining scheduled Federal funds to be
appropriated under a full funding grant agreement under
such section.
(3) Deferred local share.--The Secretary shall allow a
project sponsor to defer payment of the local share for any
project described in paragraphs (1) and (2).
(4) Total project cost.--In this subsection, the term ``total
project cost'' means the most recent total project cost
stipulated in--
(A) the full funding grant agreement;
(B) the approval into project engineering;
(C) the project rating for a project not yet approved
into project engineering;
(D) the small starts grant or grant agreement; or
(E) the project rating for a small starts project
that has not yet been awarded a grant or grant
agreement.
(5) Federal share.--The Federal share of the costs of a
project under this subsection may not exceed 80 percent.
(6) Application of law.--For purposes of paragraph (1), the
Secretary shall apply section 7001(b) of this Act when
providing the additional 30 percent of total project costs to
any project that meets the criteria in such section.
(d) Federal Share.--
(1) In general.--Notwithstanding chapter 53 of title 49,
United States Code, or any other provision of this division,
the Federal share associated with funds described in paragraph
(2) that are obligated during fiscal year 2021 may be up to 100
percent.
(2) Funds described.--The funds described in this paragraph
are funds made available for the implementation of transit
programs authorized by chapter 53 of title 49, United States
Code, the FAST Act (Public Law 114-94), or this division,
excluding funds made available to projects under section 5309
of title 49, United States Code.
(e) Condition for Apportionment.--No funds authorized in this
division or any other Act may be used to adjust Mass Transit Account
apportionments or withhold funds from Mass Transit Account
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 in fiscal year 2021.
SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
(a) Special Funding for Fiscal Year 2021.--
(1) In general.--
(A) Authorization of appropriations.--In addition to
amounts authorized under section 101, there is
authorized to be appropriated from the Highway Account
for fiscal year 2021, for activities under this
subsection, $244,514,000.
(B) Contract authority.--Amounts authorized under
subparagraph (A) shall be available for obligation in
the same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code.
(C) Obligation limitation.--Notwithstanding any other
provision of law, for fiscal year 2021, obligations for
activities authorized under this paragraph and
obligations for activities authorized under section
101(a)(2)(A)(i)(II)(bb) that exceed amounts authorized
under section 4001(a)(6) of the FAST Act (Public Law
114-94) shall not exceed $247,783,000.
(2) Distribution of funds.--Amounts authorized to be
appropriated for fiscal year 2021 under paragraph (1) shall be
distributed as follows:
(A) $105,000,000 for carrying out section 402 of
title 23, United States Code.
(B) $15,312,000 for carrying out section 403 of title
23, United States Code.
(C) $19,202,000 for carrying out section 404 of title
23, United States Code.
(D) $105,000,000 for carrying out section 405 of
title 23, United States Code.
(b) Special Rules for Fiscal Year 2021.--
(1) Federal share.--Notwithstanding sections 120, 405(b)(2),
405(c)(2), 405(d)(2) and 405(h)(2) of title 23, United States
Code, the Federal share of activities for fiscal year 2021
carried out under chapter 4 of title 23, United States Code and
section 1906 of SAFETEA-LU (23 U.S.C. 402 note) shall be 100
percent.
(2) Period of availability.--Notwithstanding section 118(b)
of title 23, United States Code, funds apportioned or allocated
to a State in fiscal years 2017 and 2018 under sections 402 and
405 of title 23, United States Code, and section 1906 of
SAFETEA-LU (23 U.S.C. 402 note), shall remain available for
obligation in that State for a period of 4 years after the last
day of the fiscal year for which the funds are authorized.
Notwithstanding any other provision of law, this paragraph
shall apply as if such paragraph was enacted on September 30,
2020.
(3) Maintenance of effort.--Notwithstanding section 405(a)(9)
of title 23, United States Code, the Secretary may waive the
maintenance of effort requirements under such section for
fiscal year 2021 for a State, if the Secretary determines
appropriate.
(4) In-vehicle alcohol detection device research.--In
carrying out subsection (h) of section 403 of title 23, United
States Code, the Secretary may obligate from funds made
available to carry out such section for fiscal year 2021 not
more than $5,312,000 to conduct the research described in
paragraph (1) of such subsection.
(5) Cooperative research and evaluation.--Notwithstanding the
apportionment formula set forth in section 402(c)(2) of title
23, United States Code, and section 403(f)(1) of title 23,
United States Code, $2,500,000 of the total amount available
for apportionment to the States for highway safety programs
under section 402(c)(2) of title 23, United States Code, for
each of fiscal years 2016 through 2021, shall be available for
expenditure by the Secretary, acting through the Administrator
of the National Highway Traffic Safety Administration, for a
cooperative research and evaluation program to research and
evaluate priority highway safety countermeasures. This
paragraph shall apply as if such paragraph was enacted on
October 1, 2015.
SEC. 105. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.
(a) Special Funding for Fiscal Year 2021.--
(1) Authorization of appropriations.--
(A) In general.--In addition to amounts authorized
under section 101, there is authorized to be
appropriated from the Highway Account for fiscal year
2021, for activities under this subsection,
$209,900,000.
(B) Obligation limitation.--Notwithstanding any other
provision of law, for fiscal year 2021, obligations for
activities authorized under this paragraph shall not
exceed $209,900,000.
(2) Distribution of funds.--Amounts authorized to be
appropriated for fiscal year 2021 under paragraph (1) shall be
distributed as follows:
(A) Subject to section 31104(c) of title 49, United
States Code--
(i) $80,512,000 for carrying out section
31102 (except subsection (l)) of title 49,
United States Code);
(ii) $14,208,000 for carrying out section
31102(l) of title 49, United States Code; and
(iii) $23,680,000 for carrying out section
31313 of title 49, United States Code.
(B) $91,500,000 for carrying out section 31110 of
title 49, United States Code.
(3) Treatment of funds.--Except as provided in subsection
(b), amounts made available under this section shall be made
available for obligation and administered as if made available
under chapter 311 of title 49, United States Code.
(b) Special Rules for Fiscal Year 2021.--
(1) Financial assistance agreements federal share.--
Notwithstanding chapter 311 of title 49, United States Code, or
any regulations adopted pursuant to such chapter, for the
duration of fiscal year 2021 with respect to all financial
assistance made available under subsection (a) and section 101,
the Secretary of Transportation may--
(A) reimburse recipients under section 31104(b)(2) of
title 49, United States Code, in an amount that is 100
percent of the costs described in such section; and
(B) waive the maintenance of effort requirement under
31102(f) of title 49, United States Code, for all
States without requiring States to request a waiver.
(2) Financial assistance agreements period of availability.--
Notwithstanding section 31104(f) of title 49, United States
Code, the Secretary shall extend the periods of availability
described in such section by 1 year.
(3) Administrative expenses.--The Administrator of the
Federal Motor Carrier Safety Administration shall ensure that
funds made available under subsection (a)(2)(B) are used, to
the maximum extent practicable, to support--
(A) the acceleration of planned investments to
modernize the Administration's information technology
and information management systems;
(B) the completion of outstanding statutory mandates
required by MAP-21 (112-141) and the FAST Act (114-94);
and
(C) a Large Truck Crash Causal Factors Study of the
Administration.
SEC. 106. DEFINITIONS.
In this division, the following definitions apply:
(1) Highway account.--The term ``Highway Account'' means the
portion of the Highway Trust Fund that is not the Mass Transit
Account.
(2) Mass transit account.--The term ``Mass Transit Account''
means the portion of the Highway Trust Fund established under
section 9503(e)(1) of the Internal Revenue Code of 1986.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
DIVISION B--SURFACE TRANSPORTATION
SEC. 1001. APPLICABILITY OF DIVISION.
(a) Applicability.--This division, including the amendments made by
this division, applies beginning on October 1, 2021.
(b) Reference to Date of Enactment.--In this division and the
amendments made by this division, any reference to--
(1) the date of enactment of this Act;
(2) the date of enactment of a provision of this division;
(3) the date of enactment of a provision added to law by an
amendment made by this division; or
(4) the date of enactment of the INVEST in America Act added
to law by an amendment made by this division,
shall be treated as a reference to October 1, 2021.
(c) Exception for Immediate Application.--Subsections (a) and (b)
shall not apply to section 1105 and the amendments made by such
section.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Program Conditions
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United
States Code, the pre-disaster mitigation program under section
124 of such title, the railway crossings program under section
130 of such title, the surface transportation program under
section 133 of such title, the highway safety improvement
program under section 148 of such title, the congestion
mitigation and air quality improvement program under section
149 of such title, the national highway freight program under
section 167 of such title, the carbon pollution reduction
program under section 171 of such title, and metropolitan
planning under section 134 of such title--
(A) $55,022,048,429 for fiscal year 2022;
(B) $55,980,646,776 for fiscal year 2023;
(C) $57,095,359,712 for fiscal year 2024; and
(D) $58,118,666,186 for fiscal year 2025.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6
of title 23, United States Code, $300,000,000 for each of
fiscal years 2022 through 2025.
(3) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry terminal
facilities under section 147 of title 23, United States Code,
$120,000,000 for each of fiscal years 2022 through 2025.
(4) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23,
United States Code, $800,000,000 for each of fiscal
years 2022 through 2025.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands
transportation program under section 203 of
title 23, United States Code, $550,000,000 for
each of fiscal years 2022 through 2025.
(ii) Allocation.--Of the amount made
available for a fiscal year under clause (i)--
(I) the amount for the National Park
Service is $400,000,000 for each of
fiscal years 2022 through 2025;
(II) the amount for the United States
Fish and Wildlife Service is
$50,000,000 for each of fiscal years
2022 through 2025; and
(III) the amount for the United
States Forest Service is $50,000,000
for each of fiscal years 2022 through
2025.
(C) Federal lands access program.--For the Federal
lands access program under section 204 of title 23,
United States Code, $345,000,000 for each of fiscal
years 2022 through 2025.
(D) Federal lands and tribal major projects grants.--
To carry out section 208 of title 23, United States
Code, $400,000,000 for each of fiscal years 2022
through 2025.
(5) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165
of title 23, United States Code, $310,000,000 for each of
fiscal years 2022 through 2025.
(6) Projects of national and regional significance.--For
projects of national and regional significance under section
117 of title 23, United States Code--
(A) $2,200,000,000 for fiscal year 2022;
(B) $2,200,000,000 for fiscal year 2023;
(C) $2,300,000,000 for fiscal year 2024; and
(D) $2,350,000,000 for fiscal year 2025.
(7) Community transportation investment grants.--To carry out
section 173 of title 23, United States Code, $600,000,000 for
each of fiscal years 2022 through 2025.
(8) Electric vehicle charging, natural gas fueling, propane
fueling, and hydrogen fueling infrastructure grants.--To carry
out section 151(f) of title 23, United States Code,
$350,000,000 for each of fiscal years 2022 through 2025.
(9) Community climate innovation grants.--To carry out
section 172 of title 23, United States Code, $250,000,000 for
each of fiscal years 2022 through 2025.
(b) Additional Programs.--
(1) In general.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(A) Gridlock reduction grant program.--To carry out
section 1306 of this Act, $250,000,000 for fiscal year
2022.
(B) Rebuild rural grant program.--To carry out
section 1307 of this Act, $250,000,000 for fiscal year
2022.
(C) Parking for commercial motor vehicles.--To carry
out section 1308 of this Act, $250,000,000 for fiscal
year 2023.
(D) Active transportation connectivity grant
program.--To carry out section 1309 of this Act,
$250,000,000 for fiscal year 2024.
(E) Metro performance program.--To carry out section
1305 of this Act, $250,000,000 for each of fiscal years
2023 through 2025.
(2) Treatment of funds.--Amounts made available under
subparagraphs (B) through (D) of paragraph (1) shall be
administered as if apportioned under chapter 1 of title 23,
United States Code.
(c) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) despite the real improvements caused by the
disadvantaged business enterprise program, minority-
and women-owned businesses across the country continue
to confront serious and significant obstacles to
success caused by race and gender discrimination in the
federally assisted surface transportation market and
related markets across the United States;
(B) the continuing race and gender discrimination
described in subparagraph (A) merits the continuation
of the disadvantaged business enterprise program;
(C) recently, the disparities cause by discrimination
against African American, Hispanic American, Asian
American, Native American, and women business owners
have been further exacerbated by the coronavirus
pandemic and its disproportionate effects on minority-
and women-owned businesses across the nation;
(D) Congress has received and reviewed testimony and
documentation of race and gender discrimination from
numerous sources, including congressional hearings and
other investigative activities, scientific reports,
reports issued by public and private agencies at every
level of government, news reports, academic
publications, reports of discrimination by
organizations and individuals, and discrimination
lawsuits, which continue to demonstrate that race- and
gender-neutral efforts alone are insufficient to
address the problem;
(E) the testimony and documentation described in
subparagraph (D) demonstrate that discrimination across
the United States poses an injurious and enduring
barrier to full and fair participation in surface
transportation-related businesses of women business
owners and minority business owners and has negatively
affected firm formation, development and success in
many aspects of surface transportation-related business
in the public and private markets; and
(F) the testimony and documentation described in
subparagraph (D) provide a clear picture of the
inequality caused by discrimination that continues to
plague our nation and a strong basis that there is a
compelling need for the continuation of the
disadvantaged business enterprise program to address
race and gender discrimination in surface
transportation-related business.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--
(i) In general.--The term ``small business
concern'' means a small business concern (as
the term is used in section 3 of the Small
Business Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business
concern'' does not include any concern or group
of concerns controlled by the same socially and
economically disadvantaged individual or
individuals that have average annual gross
receipts during the preceding 3 fiscal years in
excess of $26,290,000, as adjusted annually by
the Secretary of Transportation for inflation.
(B) Socially and economically disadvantaged
individuals.--The term ``socially and economically
disadvantaged individuals'' has the meaning given the
term in section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting regulations
issued pursuant to that Act, except that women shall be
presumed to be socially and economically disadvantaged
individuals for purposes of this subsection.
(3) Amounts for small business concerns.--Except to the
extent that the Secretary of Transportation determines
otherwise, not less than 10 percent of the amounts made
available for any program under titles I, II, V, and VII of
this division and section 403 of title 23, United States Code,
shall be expended through small business concerns owned and
controlled by socially and economically disadvantaged
individuals.
(4) Annual listing of disadvantaged business enterprises.--
Each State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (3) in the State,
including the location of the small business concerns
in the State; and
(B) notify the Secretary, in writing, of the
percentage of the small business concerns that are
controlled by--
(i) women;
(ii) socially and economically disadvantaged
individuals (other than women); and
(iii) individuals who are women and are
otherwise socially and economically
disadvantaged individuals.
(5) Uniform certification.--
(A) In general.--The Secretary of Transportation
shall establish minimum uniform criteria for use by
State governments in certifying whether a concern
qualifies as a small business concern for the purpose
of this subsection.
(B) Inclusions.--The minimum uniform criteria
established under subparagraph (A) shall include, with
respect to a potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of
principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) Reporting.--The Secretary of Transportation shall
establish minimum requirements for use by State governments in
reporting to the Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary
determines to be appropriate for the proper monitoring
of the disadvantaged business enterprise program.
(7) Compliance with court orders.--Nothing in this subsection
limits the eligibility of an individual or entity to receive
funds made available under titles I, II, V, and VII of this
division and section 403 of title 23, United States Code, if
the entity or person is prevented, in whole or in part, from
complying with paragraph (3) because a Federal court issues a
final order in which the court finds that a requirement or the
implementation of paragraph (3) is unconstitutional.
(8) Sense of congress on prompt payment of dbe
subcontractors.--It is the sense of Congress that--
(A) the Secretary of Transportation should take
additional steps to ensure that recipients comply with
section 26.29 of title 49, Code of Federal Regulations
(the disadvantaged business enterprises prompt payment
rule), or any corresponding regulation, in awarding
federally funded transportation contracts under laws
and regulations administered by the Secretary; and
(B) such additional steps should include increasing
the Department of Transportation's ability to track and
keep records of complaints and to make that information
publicly available.
(d) Limitation on Financial Assistance for State-Owned Enterprises.--
(1) In general.--Funds provided under this section may not be
used in awarding a contract, subcontract, grant, or loan to an
entity that is owned or controlled by, is a subsidiary of, or
is otherwise related legally or financially to a corporation
based in a country that--
(A) is identified as a nonmarket economy country (as
defined in section 771(18) of the Tariff Act of 1930
(19 U.S.C. 1677(18))) as of the date of enactment of
this Act;
(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a priority foreign country under subsection (a)(2)
of that section; and
(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
(2) Exception.--For purposes of subparagraph (A), the term
``otherwise related legally or financially'' does not include a
minority relationship or investment.
(3) International agreements.--This paragraph shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
SEC. 1102. OBLIGATION LIMITATION.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs shall not
exceed--
(1) $62,159,350,954 for fiscal year 2022;
(2) $63,121,354,776 for fiscal year 2023;
(3) $64,346,443,712 for fiscal year 2024; and
(4) $65,180,125,186 for fiscal year 2025.
(b) Exceptions.--The limitations under subsection (a) shall not apply
to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act
of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal
to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (but, for
fiscal years 2016 through 2021, only in an amount equal to
$639,000,000 for each of those fiscal years);
(14) section 203 of title 23, United States Code (but, for
fiscal years 2022 through 2025, only in an amount equal to
$550,000,000 for each of those fiscal years); and
(15) section 133(d)(1)(B) of title 23, United States Code
(but, for fiscal years 2022 through 2025, only in an amount
equal to $89,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--Subject to paragraph
(1)(B), for each of fiscal years 2022 through 2025, the Secretary of
Transportation--
(1)(A) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(i) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code;
(ii) amounts authorized for the Bureau of
Transportation Statistics;
(iii) amounts authorized for the tribal
transportation program under section 202 of title 23,
United States Code; and
(iv) amounts authorized for the territorial and
Puerto Rico highway program under section 165(a) of
title 23, United States Code; and
(B) for each of fiscal years 2023 through 2025, in addition
to the amounts described in subparagraph (A), shall not
distribute obligation authority provided by subsection (a) for
the fiscal year for amounts authorized for the metro
performance program under section 1305 of this Act;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other
than the Mass Transit Account) for Federal-aid highway
and highway safety construction programs for previous
fiscal years, the funds for which are allocated by the
Secretary (or apportioned by the Secretary under
section 202 or 204 of title 23, United States Code);
and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) shall determine the proportion that--
(A) the obligation authority provided by subsection
(a) for the fiscal year, less the aggregate of amounts
not distributed under paragraphs (1) and (2) of this
subsection; bears to
(B) the total of--
(i) the sums authorized to be appropriated
for the Federal-aid highway and highway safety
construction programs, other than sums
authorized to be appropriated for--
(I) provisions of law described in
paragraphs (1) through (13) of
subsection (b);
(II) section 203 of title 23, United
States Code, equal to the amount
referred to in subsection (b)(14) for
the fiscal year; and
(III) section 133(d)(1)(B) of title
23, United States Code, equal to the
amount referred to in subsection
(b)(15) for the fiscal year; less
(ii) the aggregate of the amounts not
distributed under paragraphs (1) and (2) of
this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2), for each of the programs (other
than programs to which paragraph (1) applies) that are
allocated by the Secretary under this Act and title 23, United
States Code, or apportioned by the Secretary under section 202
or 204 of such title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for
each such program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the surface transportation program in section
133(d)(1)(B) of title 23, United States Code, that are exempt
from the limitation under subsection (b)(15) and the amounts
apportioned under sections 202 and 204 of such title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for the fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
the fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary of Transportation shall, after August 1
of each of fiscal years 2022 through 2025--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under section
104 of title 23, United States Code.
(e) Special Limitation.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply to
contract authority for--
(A) transportation research programs carried out
under chapter 5 of title 23, United States Code, and
title V of this Act; and
(B) the metro performance program under section 1305
of this Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(f) Lop-Off.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2022 through 2025, the Secretary of
Transportation shall distribute to the States any funds that--
(A) are authorized to be appropriated for the fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to
the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for the fiscal
year because of the imposition of any obligation
limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same proportion as the distribution of obligation authority
under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY.
Section 101 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), (12), (13), (14),
(15), (16), (17), (18), (19), (20), (21), (22), (23),
(24), (25), (26), (27), (28), (29), (30), (31), (32),
(33), and (34) as paragraphs (2), (3), (4), (6), (8),
(10), (11), (12), (13), (14), (16), (17), (18), (19),
(20), (21), (23), (24), (25), (26), (28), (29), (32),
(33), (34), (35), (36), (37), (38), (40), (41), (42),
(43), and (44), respectively;
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Adaptation.--The term `adaptation' means an adjustment
in natural or human systems in anticipation of, or in response
to, a changing environment in a way that moderates negative
effects of extreme events or climate change.'';
(C) by inserting after paragraph (4), as so
redesignated, the following:
``(5) Climate change.--The term `climate change' means any
significant change in the measures of climate lasting for an
extended period of time, and may include major changes in
temperature, precipitation, wind patterns, or sea level, among
others, that occur over several decades or longer.'';
(D) in paragraph (6)(A), as so redesignated, by
inserting ``assessing resilience,'' after
``surveying,'';
(E) by inserting after paragraph (6), as so
redesignated, the following:
``(7) Context sensitive design principles.--The term `context
sensitive design principles' means principles for the design of
a public road that--
``(A) provides for the safe and adequate
accommodation, in all phases of project planning,
design, and development, transportation facilities for
users, including pedestrians, bicyclists, public
transportation users, children, older individuals,
individuals with disabilities, motorists, and freight
vehicles; and
``(B) considers the context in which the facility is
planned to be constructed to determine the appropriate
facility design.'';
(F) by inserting after paragraph (8), as so
redesignated, the following:
``(9) Evacuation route.--The term `evacuation route' means a
transportation route or system that--
``(A) is used to transport--
``(i) the public away from an emergency
event; or
``(ii) first responders and recovery
resources in the event of an emergency; and
``(B) is identified, consistent with sections
134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the
eligible entity with jurisdiction over the area in
which the route is located for the purposes described
in subparagraph (A).'';
(G) by inserting after paragraph (14), as so
redesignated, the following:
``(15) Greenhouse gas.--The term `greenhouse gas' has the
meaning given the term in section 211(o)(1)(G) of the Clean Air
Act (42 U.S.C. 7545(o)(1)(G)).'';
(H) by inserting after paragraph (21), as so
redesignated, the following:
``(22) Natural infrastructure.--
``(A) In general.--The term `natural infrastructure'
means infrastructure that uses, restores, or emulates
natural ecological processes that--
``(i) is created through the action of
natural physical, geological, biological, and
chemical processes over time;
``(ii) is created by human design,
engineering, and construction to emulate or act
in concert with natural processes; or
``(iii) involves the use of plants, soils,
and other natural features, including through
the creation, restoration, or preservation of
vegetated areas using materials appropriate to
the region to manage stormwater and runoff, to
attenuate flooding and storm surges, and for
other related purposes.
``(B) Inclusion.--The term `natural infrastructure'
includes green infrastructure and nature-based
solutions.'';
(I) by inserting after paragraph (26), as so
redesignated, the following:
``(27) Protective feature.--
``(A) In general.--The term `protective feature'
means an improvement to a highway or bridge designed to
increase resilience or mitigate the risk of recurring
damage or the cost of future repairs from climate
change effects, extreme events, seismic activity, or
any other natural disaster.
``(B) Inclusions.--The term `protective feature'
includes--
``(i) raising roadway grades;
``(ii) relocating roadways to higher ground
above projected flood elevation levels or away
from slide prone areas;
``(iii) stabilizing slide areas;
``(iv) stabilizing slopes;
``(v) lengthening or raising bridges to
increase waterway openings;
``(vi) increasing the size or number of
drainage structures;
``(vii) replacing culverts with bridges or
upsizing culverts;
``(viii) installing seismic retrofits on
bridges;
``(ix) scour, stream stability, coastal, and
other hydraulic countermeasures; and
``(x) the use of natural infrastructure.'';
(J) by inserting after paragraph (29), as so
redesignated, the following:
``(30) Repeatedly damaged facility.--The term `repeatedly
damaged facility' means a road, highway, or bridge that has
required repair and reconstruction activities on 2 or more
occasions due to natural disasters or catastrophic failures
resulting in emergencies declared by the Governor of the State
in which the road, highway, or bridge is located or emergencies
or major disasters declared by the President under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
``(31) Resilience.--
``(A) In general.--The term `resilience' means, with
respect to a facility, the ability to--
``(i) anticipate, prepare for, or adapt to
conditions; or
``(ii) withstand, respond to, or recover
rapidly from disruptions.
``(B) Inclusions.--Such term includes, with respect
to a facility, the ability to--
``(i) resist hazards or withstand impacts
from disruptions;
``(ii) reduce the magnitude, duration, or
impact of a disruption; or
``(iii) have the absorptive capacity,
adaptive capacity, and recoverability to
decrease vulnerability to a disruption.'';
(K) by inserting after paragraph (38), as so
redesignated, the following:
``(39) Transportation system access.--The term
`transportation system access' means the ability to travel by
automobile, public transportation, pedestrian, and bicycle
networks, measured by travel time, taking into consideration--
``(A) the impacts of the level of travel stress for
non-motorized users;
``(B) costs for low-income travelers; and
``(C) the extent to which transportation access is
impacted by zoning policies and land use planning
practices that effect the affordability, elasticity,
and diversity of the housing supply.''; and
(L) by adding at the end the following:
``(45) Transportation demand management; tdm.--The terms
`transportation demand management' and `TDM' mean the use of
strategies to inform and encourage travelers to maximize the
efficiency of a transportation system leading to improved
mobility, reduced congestion, and lower vehicle emissions.
``(46) Transportation demand management strategies.--The term
`transportation demand management strategies' means the use of
planning, programs, policy, marketing, communications,
incentives, pricing, and technology to shift travel mode,
routes used, departure times, number of trips, and location and
design work space or public attractions.''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``Defense,'' and
inserting ``Defense Highways,'';
(B) in paragraph (3)--
(i) in subparagraph (A) by striking
``Century'' and inserting ``century'';
(ii) in subparagraph (G) by striking ``;
and'' and inserting a semicolon;
(iii) in subparagraph (H) by striking
``Century.'' and inserting ``century;''; and
(iv) by adding at the end the following:
``(I) safety is the highest priority of the
Department of Transportation, and the Secretary and
States should take all actions necessary to meet the
transportation needs of the 21st century for all road
users;
``(J) climate change presents a significant risk to
safety, the economy, and national security, and
reducing the contributions of the transportation system
to the Nation's total carbon pollution is critical; and
``(K) the Secretary and States should take
appropriate measures and ensure investments to increase
the resilience of the Nation's transportation
system.''; and
(C) in paragraph (4)(A) by inserting ``while ensuring
that environmental protections are maintained'' after
``review process''.
SEC. 1104. APPORTIONMENT.
(a) In General.--Section 104 of title 23, United States Code, is
amended--
(1) in subsection (a)(1) by striking subparagraphs (A)
through (E) and inserting the following:
``(A) $ 506,302,525 for fiscal year 2022;
``(B) $ 509,708,000 for fiscal year 2023;
``(C) $ 520,084,000 for fiscal year 2024; and
``(D) $ 530,459,000 for fiscal year 2025.'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Division Among Programs of State's Share of Apportionment.--The
Secretary shall distribute the amount apportioned to a State for a
fiscal year under subsection (c) among the covered programs as follows:
``(1) National highway performance program.--For the national
highway performance program, 55.09 percent of the amount
remaining after distributing amounts under paragraphs (4), (6),
and (7).
``(2) Surface transportation program.--For the surface
transportation program, 28.43 percent of the amount remaining
after distributing amounts under paragraphs (4), (6), and (7).
``(3) Highway safety improvement program.--For the highway
safety improvement program, 6.19 percent of the amount
remaining after distributing amounts under paragraphs (4), (6),
and (7).
``(4) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation and
air quality improvement program, an amount determined
for the State under subparagraphs (B) and (C).
``(B) Total amount.--The total amount for the
congestion mitigation and air quality improvement
program for all States shall be--
``(i) $2,913,925,833 for fiscal year 2022;
``(ii) $2,964,919,535 for fiscal year 2023;
``(iii) $3,024,217,926 for fiscal year 2024;
and
``(iv) $3,078,653,849 for fiscal year 2025.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the amount
for the congestion mitigation and air quality
improvement program under subparagraph (B) so that each
State receives an amount equal to the proportion that--
``(i) the amount apportioned to the State for
the congestion mitigation and air quality
improvement program for fiscal year 2020; bears
to
``(ii) the total amount of funds apportioned
to all States for such program for fiscal year
2020.
``(5) National highway freight program.--For the national
highway freight program, 3.38 percent of the amount remaining
after distributing amounts under paragraphs (4), (6), and (7).
``(6) Metropolitan planning.--
``(A) In general.--For metropolitan planning, an
amount determined for the State under subparagraphs (B)
and (C).
``(B) Total amount.--The total amount for
metropolitan planning for all States shall be--
``(i) $507,500,000 for fiscal year 2022;
``(ii) $516,381,250 for fiscal year 2023;
``(iii) $526,708,875 for fiscal year 2024;
and
``(iv) $536,189,635 for fiscal year 2025.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the amount
for metropolitan planning under subparagraph (B) so
that each State receives an amount equal to the
proportion that--
``(i) the amount apportioned to the State for
metropolitan planning for fiscal year 2020;
bears to
``(ii) the total amount of funds apportioned
to all States for metropolitan planning for
fiscal year 2020.
``(7) Railway crossings.--
``(A) In general.--For the railway crossings program,
an amount determined for the State under subparagraphs
(B) and (C).
``(B) Total amount.--The total amount for the railway
crossings program for all States shall be $245,000,000
for each of fiscal years 2022 through 2025.
``(C) State share.--
``(i) In general.--For each fiscal year, the
Secretary shall distribute among the States the
amount for the railway crossings program under
subparagraph (B) as follows:
``(I) 50 percent of the amount for a
fiscal year shall be apportioned to
States by the formula set forth in
section 104(b)(3)(A) (as in effect on
the day before the date of enactment of
MAP-21).
``(II) 50 percent of the amount for a
fiscal year shall be apportioned to
States in the ratio that total public
railway-highway crossings in each State
bears to the total of such crossings in
all States.
``(ii) Minimum apportionment.--
Notwithstanding clause (i), for each fiscal
year, each State shall receive a minimum of
one-half of 1 percent of the total amount for
the railway crossings program for such fiscal
year under subparagraph (B).
``(8) Predisaster mitigation program.--For the predisaster
mitigation program, 2.96 percent of the amount remaining after
distributing amounts under paragraphs (4), (6), and (7).
``(9) Carbon pollution reduction program.--For the carbon
pollution reduction program, 3.95 percent of the amount
remaining after distributing amounts under paragraphs (4), (6),
and (7).
``(c) Calculation of Amounts.--
``(1) State share.--For each of fiscal years 2022 through
2025, the amount for each State shall be determined as follows:
``(A) Initial amounts.--The initial amounts for each
State shall be determined by multiplying--
``(i) the combined amount authorized for
appropriation for the fiscal year for the
covered programs; by
``(ii) the share for each State, which shall
be equal to the proportion that--
``(I) the amount of apportionments
that the State received for fiscal year
2020; bears to
``(II) the amount of those
apportionments received by all States
for fiscal year 2020.
``(B) Adjustments to amounts.--The initial amounts
resulting from the calculation under subparagraph (A)
shall be adjusted to ensure that each State receives an
aggregate apportionment equal to at least 95 percent of
the estimated tax payments attributable to highway
users in the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the most
recent fiscal year for which data are available.
``(2) State apportionment.--On October 1 of fiscal years 2022
through 2025, the Secretary shall apportion the sums authorized
to be appropriated for expenditure on the covered programs in
accordance with paragraph (1).'';
(3) in subsection (d)(1)(A)--
(A) in clause (i) by striking ``paragraphs (5)(D) and
(6) of subsection (b)'' and inserting ``subsection
(b)(6)''; and
(B) in clause (ii) by striking ``paragraphs (5)(D)
and (6) of subsection (b)'' and inserting ``subsection
(b)(6)''; and
(4) by striking subsections (h) and (i) and inserting the
following:
``(h) Definition of Covered Programs.--In this section, the term
`covered programs' means--
``(1) the national highway performance program under section
119;
``(2) the surface transportation program under section 133;
``(3) the highway safety improvement program under section
148;
``(4) the congestion mitigation and air quality improvement
program under section 149;
``(5) the national highway freight program under section 167;
``(6) metropolitan planning under section 134;
``(7) the railway crossings program under section 130;
``(8) the predisaster mitigation program under section 124;
and
``(9) the carbon pollution reduction program under section
171.''.
(b) Federal Share Payable.--Section 120(c)(3) of title 23, United
States Code, is amended--
(1) in subparagraph (A) by striking ``(5)(D),''; and
(2) in subparagraph (C)(i) by striking ``(5)(D)''.
(c) Metropolitan Transportation Planning; Title 23.--Section 134(p)
of title 23, United States Code, is amended by striking ``paragraphs
(5)(D) and (6) of section 104(b)'' and inserting ``section 104(b)(6)''.
(d) Statewide and Nonmetropolitan Transportation Planning.--Section
135(i) of title 23, United States Code, is amended by striking
``paragraphs (5)(D) and (6) of section 104(b)'' and inserting ``section
104(b)(6)''.
(e) Metropolitan Transportation Planning; Title 49.--Section 5303(p)
of title 49, United States Code, is amended by striking ``section
104(b)(5)'' and inserting ``section 104(b)(6)''.
SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
Section 105 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``FAST Act'' and inserting
``INVEST in America Act'';
(2) in subsection (c)--
(A) in paragraph (1)(A) by striking ``to be
appropriated'' each place it appears; and
(B) by adding at the end the following:
``(4) Special rule.--
``(A) Adjustment.--In making an adjustment under
paragraph (1) for an allocation, reservation, or set-
aside from an amount authorized from the Highway
Account or Mass Transit Account described in
subparagraph (B), the Secretary shall--
``(i) determine the ratio that--
``(I) the amount authorized to be
appropriated for the allocation,
reservation, or set-aside from the
account for the fiscal year; bears to
``(II) the total amount authorized to
be appropriated for such fiscal year
for all programs under such account;
``(ii) multiply the ratio determined under
clause (i) by the amount of the adjustment
determined under subsection (b)(1)(B); and
``(iii) adjust the amount that the Secretary
would have allocated for the allocation,
reservation, or set-aside for such fiscal year
but for this section by the amount calculated
under clause (ii).
``(B) Allocations, reservations, and set-asides.--The
allocations, reservations, and set-asides described in
this subparagraph are--
``(i) from the amount made available for a
fiscal year for the Federal lands
transportation program under section 203, the
amounts allocated for a fiscal year for the
National Park Service, the United States Fish
and Wildlife Service, and the United States
Forest Service;
``(ii) the amount made available for the
Puerto Rico highway program under section
165(a)(1); and
``(iii) the amount made available for the
territorial highway program under section
165(a)(2).'';
(3) in subsection (e)--
(A) by striking ``There is authorized'' and inserting
``For fiscal year 2022 and each fiscal year thereafter,
there is authorized''; and
(B) by striking ``for any of fiscal years 2017
through 2020''; and
(4) in subsection (f)(1) by striking ``section 1102 or 3018
of the FAST Act'' and inserting ``any other provision of law''.
SEC. 1106. TRANSPARENCY.
(a) Apportionment.--Section 104 of title 23, United States Code, is
amended by striking subsection (g) and inserting the following:
``(g) Highway Trust Fund Transparency and Accountability Reports.--
``(1) Requirement.--
``(A) In general.--The Secretary shall compile data
in accordance with this subsection on the use of
Federal-aid highway funds made available under this
title.
``(B) User friendly data.--The data compiled under
subparagraph (A) shall be in a user friendly format
that can be searched, downloaded, disaggregated, and
filtered by data category.
``(2) Project data.--
``(A) In general.--Not later than 120 days after the
end of each fiscal year, the Secretary shall make
available on the website of the Department of
Transportation a report that describes--
``(i) the location of each active project
within each State during such fiscal year,
including in which congressional district or
districts such project is located;
``(ii) the total cost of such project;
``(iii) the amount of Federal funding
obligated for such project;
``(iv) the program or programs from which
Federal funds have been obligated for such
project;
``(v) whether such project is located in an
area of the State with a population of--
``(I) less than 5,000 individuals;
``(II) 5,000 or more individuals but
less than 50,000 individuals;
``(III) 50,000 or more individuals
but less than 200,000 individuals; or
``(IV) 200,000 or more individuals;
``(vi) whether such project is located in an
area of persistent poverty, as defined in
section 172(l);
``(vii) the type of improvement being made by
such project, including categorizing such
project as--
``(I) a road reconstruction project;
``(II) a new road construction
project;
``(III) a new bridge construction
project;
``(IV) a bridge rehabilitation
project; or
``(V) a bridge replacement project;
and
``(viii) the functional classification of the
roadway on which such project is located.
``(B) Interactive map.--In addition to the data made
available under subparagraph (A), the Secretary shall
make available on the website of the Department of
Transportation an interactive map that displays, for
each active project, the information described in
clauses (i) through (v) of subparagraph (A).
``(3) State data.--
``(A) Apportioned and allocated programs.--The
website described in paragraph (2)(A) shall be updated
annually to display the Federal-aid highway funds
apportioned and allocated to each State under this
title, including--
``(i) the amount of funding available for
obligation by the State, including prior
unobligated balances, at the start of the
fiscal year;
``(ii) the amount of funding obligated by the
State during such fiscal year;
``(iii) the amount of funding remaining
available for obligation by the State at the
end of such fiscal year; and
``(iv) changes in the obligated, unexpended
balance for the State.
``(B) Programmatic data.--The data described in
subparagraph (A) shall include--
``(i) the amount of funding by each
apportioned and allocated program for which the
State received funding under this title;
``(ii) the amount of funding transferred
between programs by the State during the fiscal
year using the authority provided under section
126; and
``(iii) the amount and program category of
Federal funds exchanged as described in section
106(g)(6).
``(4) Definitions.--In this subsection:
``(A) Active project.--
``(i) In general.--The term `active project'
means a Federal-aid highway project using funds
made available under this title on which those
funds were obligated or expended during the
fiscal year for which the estimated total cost
as of the start of construction is greater than
$5,000,000.
``(ii) Exclusion.--The term `active project'
does not include any project for which funds
are transferred to agencies other than the
Federal Highway Administration.
``(B) Interactive map.--The term `interactive map'
means a map displayed on the public website of the
Department of Transportation that allows a user to
select and view information for each active project,
State, and congressional district.
``(C) State.--The term `State' means any of the 50
States or the District of Columbia.''.
(b) Project Approval and Oversight.--Section 106 of title 23, United
States Code, is amended--
(1) in subsection (g)--
(A) in paragraph (4) by striking subparagraph (B) and
inserting the following:
``(B) Assistance to states.--The Secretary shall--
``(i) develop criteria for States to use to
make the determination required under
subparagraph (A); and
``(ii) provide training, guidance, and other
assistance to States and subrecipients as
needed to ensure that projects administered by
subrecipients comply with the requirements of
this title.
``(C) Periodic review.--The Secretary shall review,
not less frequently than every 2 years, the monitoring
of subrecipients by the States.''; and
(B) by adding at the end the following:
``(6) Federal funding exchange programs.--A State may
implement a program under which a subrecipient has the option
to exchange Federal funds allocated to such subrecipient in
accordance with the requirements of this title for State or
local funds if the State certifies to the Secretary that the
State has prevailing wage and domestic content requirements
that are comparable to the requirements under sections 113 and
313 and that such requirements shall apply to projects carried
out using such funds if such projects would have been subject
to the requirements of sections 113 and 313 if such projects
were carried out using Federal funds.'';
(2) in subsection (h)(3)--
(A) in subparagraph (B) by striking ``, as determined
by the Secretary,''; and
(B) in subparagraph (D) by striking ``shall assess''
and inserting ``in the case of a project proposed to be
advanced as a public-private partnership, shall include
a detailed value for money analysis or comparable
analysis to determine''; and
(3) by adding at the end the following:
``(k) Megaprojects.--
``(1) Comprehensive risk management plan.--To be authorized
for the construction of a megaproject, the recipient of Federal
financial assistance under this title for such megaproject
shall submit to the Secretary a comprehensive risk management
plan that contains--
``(A) a description of the process by which the
recipient will identify, quantify, and monitor the
risks, including natural hazards, that might result in
cost overruns, project delays, reduced construction
quality, or reductions in benefits with respect to the
megaproject;
``(B) examples of mechanisms the recipient will use
to track risks identified pursuant to subparagraph (A);
``(C) a plan to control such risks; and
``(D) such assurances as the Secretary determines
appropriate that the recipient shall, with respect to
the megaproject--
``(i) regularly submit to the Secretary
updated cost estimates; and
``(ii) maintain and regularly reassess
financial reserves for addressing known and
unknown risks.
``(2) Peer review group.--
``(A) In general.--Not later than 90 days after the
date on which a megaproject is authorized for
construction, the recipient of Federal financial
assistance under this title for such megaproject shall
establish a peer review group for such megaproject that
consists of at least 5 individuals (including at least
1 individual with project management experience) to
give expert advice on the scientific, technical, and
project management aspects of the megaproject.
``(B) Membership.--
``(i) In general.--Not later than 180 days
after the date of enactment of this subsection,
the Secretary shall establish guidelines
describing how a recipient described in
subparagraph (A) shall--
``(I) recruit and select members for
a peer review group established under
such subparagraph; and
``(II) make publicly available the
criteria for such selection and
identify the members so selected.
``(ii) Conflict of interest.--No member of a
peer review group for a megaproject may have a
direct or indirect financial interest in such
megaproject.
``(C) Tasks.--A peer review group established under
subparagraph (A) by a recipient of Federal financial
assistance for a megaproject shall--
``(i) meet annually until completion of the
megaproject;
``(ii) not later than 90 days after the date
of the establishment of the peer review group
and not later than 90 days after the date of
any significant change, as determined by the
Secretary, to the scope, schedule, or budget of
the megaproject, review the scope, schedule,
and budget of the megaproject, including
planning, engineering, financing, and any other
elements determined appropriate by the
Secretary; and
``(iii) submit to the Secretary, Congress,
and such recipient a report on the findings of
each review under clause (ii).
``(3) Transparency.--Not later than 90 days after the
submission of a report under paragraph (2)(C)(iii), the
Secretary shall publish on the website of the Department of
Transportation such report.
``(4) Megaproject defined.--In this subsection, the term
`megaproject' means a project under this title that has an
estimated total cost of $2,000,000,000 or more, and such other
projects as may be identified by the Secretary.
``(l) Special Experimental Projects.--
``(1) Public availability.--The Secretary shall publish on
the website of the Department of Transportation a copy of all
letters of interest, proposals, workplans, and reports related
to the special experimental project authority pursuant to
section 502(b). The Secretary shall redact confidential
business information, as necessary, from any such information
published.
``(2) Notification and opportunity for comment.--Not later
than 30 days before making a determination to proceed with an
experiment under a letter of interest described in paragraph
(1), the Secretary shall provide notification and an
opportunity for public comment on the letter of interest and
the Secretary's proposed response.
``(3) Report to congress.--Not later than 2 years after the
date of enactment of the INVEST in America Act, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that includes--
``(A) a summary of each experiment described in this
subsection carried out over the previous 5 years; and
``(B) legislative recommendations, if any, based on
the findings of such experiments.
``(m) Competitive Grant Program Oversight and Accountability.--
``(1) In general.--To ensure the accountability and oversight
of the discretionary grant selection process administered by
the Secretary, a covered program shall be subject to the
requirements of this section, in addition to the requirements
applicable to each covered program.
``(2) Application process.--The Secretary shall--
``(A) develop a template for applicants to use to
summarize--
``(i) project needs and benefits; and
``(ii) any factors, requirements, or
considerations established for the applicable
covered program;
``(B) create a data driven process to evaluate, as
set forth in the covered program, each eligible project
for which an application is received; and
``(C) make a determination, based on the evaluation
made pursuant to subparagraph (B), on any ratings,
rankings, scores, or similar metrics for applications
made to the covered program.
``(3) Notification of congress.--Not less than 15 days before
making a grant for a covered program, the Secretary shall
notify, in writing, the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on the Environment and Public Works of the Senate
of--
``(A) the amount for each project proposed to be
selected;
``(B) a description of the review process;
``(C) for each application, the determination made
under paragraph (2)(C); and
``(D) a detailed explanation of the basis for each
award proposed to be selected.
``(4) Notification of applicants.--Not later than 30 days
after making a grant for a project under a covered program, the
Secretary shall send to all applicants under such covered
program, and publish on the website of the Department of
Transportation--
``(A) a summary of each application made to the
covered program for the given round of funding; and
``(B) the evaluation and justification for the
project selection, including all ratings, rankings,
scores, or similar metrics for applications made to the
covered program for the given round of funding during
each phase of the grant selection process.
``(5) Briefing.--The Secretary shall provide, at the request
of a grant applicant of a covered program, the opportunity to
receive a briefing to explain any reasons the grant applicant
was not awarded a grant.
``(6) Template.--The Secretary shall, to the extent
practicable, develop a template as described in paragraph
(2)(A) for any discretionary program administered by the
Secretary that is not a covered program.
``(7) Covered program defined.--The term `covered program'
means each of the following discretionary grant programs:
``(A) Community climate innovation grants under
section 172.
``(B) Electric vehicle charging and hydrogen fueling
infrastructure grants under section 151(f).
``(C) Federal lands and tribal major projects grants
under section 208.
``(D) Safe, efficient mobility through advanced
technologies grants under section 503(c)(4).''.
(c) Division Office Consistency.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that--
(1) analyzes the consistency of determinations among division
offices of the Federal Highway Administration; and
(2) makes recommendations to improve the consistency of such
determinations.
SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET DESIGN.
(a) Standards.--Section 109 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``planned future
traffic of the highway in a manner that is conducive
to'' and inserting ``future operational performance of
the facility in a manner that enhances''; and
(B) in paragraph (2) by inserting ``, taking into
consideration context sensitive design principles''
after ``each locality'';
(2) in subsection (b)--
(A) by striking ``The geometric'' and inserting
``Design Criteria for the Interstate System.--The
geometric''; and
(B) by striking ``the types and volumes of traffic
anticipated for such project for the twenty-year period
commencing on the date of approval by the Secretary,
under section 106 of this title, of the plans,
specifications, and estimates for actual construction
of such project'' and inserting ``the existing and
future operational performance of the facility'';
(3) in subsection (c)(1)--
(A) in subparagraph (C) by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(E) context sensitive design principles.'';
(4) by striking subsection (o) and inserting the following:
``(o) Compliance With State Laws for Non-NHS Projects.--
``(1) In general.--Projects (other than highway projects on
the National Highway System) shall--
``(A) be designed, constructed, operated, and
maintained in accordance with State laws, regulations,
directives, safety standards, design standards, and
construction standards; and
``(B) take into consideration context sensitive
design principles.
``(2) Design flexibility.--
``(A) In general.--A local jurisdiction may deviate
from the roadway design publication used by the State
in which the local jurisdiction is located for the
design of a project on a roadway (other than a highway
on the National Highway System) if--
``(i) the deviation is approved by the
Secretary; and
``(ii) the design complies with all other
applicable Federal laws.
``(B) State-owned roads.--In the case of a roadway
under the ownership of the State, the local
jurisdiction may only deviate from the roadway design
publication used by the State with the concurrence of
the State.
``(C) Programmatic basis.--The Secretary may approve
a deviation under this paragraph on a project, multiple
project, or programmatic basis.''; and
(5) by adding at the end the following:
``(s) Context Sensitive Design.--
``(1) Context sensitive design principles.--The Secretary
shall collaborate with the American Association of State
Highway Transportation Officials to ensure that any roadway
design publications approved by the Secretary under this
section provide adequate flexibility for a project sponsor to
select the appropriate design of a roadway, consistent with
context sensitive design principles.
``(2) Policies or procedures.--
``(A) In general.--Not later than 1 year after the
Secretary publishes the final guidance described in
paragraph (3), each State shall adopt policies or
procedures to evaluate the context of a proposed
roadway and select the appropriate design, consistent
with context sensitive design principles.
``(B) Local governments.--The Secretary and States
shall encourage local governments to adopt policies or
procedures described under subparagraph (A).
``(C) Considerations.--The policies or procedures
developed under this paragraph shall take into
consideration the guidance developed by the Secretary
under paragraph (3).
``(3) Guidance.--
``(A) In general.--
``(i) Notice.--Not later than 1 year after
the date of enactment of this subsection, the
Secretary shall publish guidance on the
official website of the Department of
Transportation on context sensitive design.
``(ii) Public review and comment.--The
guidance described in this paragraph shall be
finalized following an opportunity for public
review and comment.
``(iii) Update.--The Secretary shall
periodically update the guidance described in
this paragraph, including the model policies or
procedures described under subparagraph (B)(v).
``(B) Requirements.--The guidance described in this
paragraph shall--
``(i) provide best practices for States,
metropolitan planning organizations, regional
transportation planning organizations, local
governments, or other project sponsors to carry
out context sensitive design principles;
``(ii) identify opportunities to modify
planning, scoping, design, and development
procedures to more effectively combine modes of
transportation into integrated facilities that
meet the needs of each of such modes of
transportation in an appropriate balance;
``(iii) identify metrics to assess the
context of the facility, including surrounding
land use or roadside characteristics;
``(iv) assess the expected operational and
safety performance of alternative approaches to
facility design; and
``(v) taking into consideration the findings
of this guidance, establish model policies or
procedures for a State or other project sponsor
to evaluate the context of a proposed facility
and select the appropriate facility design for
the context.
``(C) Topics of emphasis.--In publishing the guidance
described in this paragraph, the Secretary shall
emphasize--
``(i) procedures for identifying the needs of
users of all ages and abilities of a particular
roadway;
``(ii) procedures for identifying the types
and designs of facilities needed to serve
various modes of transportation;
``(iii) safety and other benefits provided by
carrying out context sensitive design
principles;
``(iv) common barriers to carrying out
context sensitive design principles;
``(v) procedures for overcoming the most
common barriers to carrying out context
sensitive design principles;
``(vi) procedures for identifying the costs
associated with carrying out context sensitive
design principles;
``(vii) procedures for maximizing local
cooperation in the introduction of context
sensitive design principles and carrying out
those principles; and
``(viii) procedures for assessing and
modifying the facilities and operational
characteristics of existing roadways to improve
consistency with context sensitive design
principles.
``(4) Funding.--Amounts made available under sections
104(b)(6) and 505 of this title may be used for States, local
governments, metropolitan planning organizations, or regional
transportation planning organizations to adopt policies or
procedures to evaluate the context of a proposed roadway and
select the appropriate design, consistent with context
sensitive design principles.''.
(b) Conforming Amendment.--Section 1404(b) of the FAST Act (23 U.S.C.
109 note) is repealed.
SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL SHARE.
(a) In General.--Section 120(c)(3)(B) of title 23, United States
Code, is amended--
(1) by striking clauses (i) and (ii) and inserting the
following:
``(i) prefabricated bridge elements and
systems, innovative materials, and other
technologies to reduce bridge construction
time, extend service life, and reduce
preservation costs, as compared to
conventionally designed and constructed
bridges;
``(ii) innovative construction equipment,
materials, techniques, or practices, including
the use of in-place recycling technology,
digital 3-dimensional modeling technologies,
and advanced digital construction management
systems;'';
(2) by redesignating clause (vi) as clause (vii);
(3) in clause (v) by striking ``or'' at the end; and
(4) by inserting after clause (v) the following:
``(vi) innovative pavement materials that
demonstrate reductions in greenhouse gas
emissions through sequestration or innovative
manufacturing processes; or''.
(b) Technical Amendment.--Section 107(a)(2) of title 23, United
States Code, is amended by striking ``subsection (c) of''.
SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
Section 126(b) of title 23, United States Code, is amended--
(1) in the heading by inserting ``and Programs'' after ``Set-
Asides'';
(2) in paragraph (1) by striking ``and 133(d)(1)(A)'' and
inserting ``, 130, 133(d)(1)(A), 133(h), 149, and 171''; and
(3) by striking paragraph (2) and inserting the following:
``(2) Environmental programs.--With respect to an
apportionment under either paragraph (4) or paragraph (9) of
section 104(b), and notwithstanding paragraph (1), a State may
only transfer not more than 50 percent from the amount of the
apportionment of either such paragraph to the apportionment
under the other such paragraph in a fiscal year.''.
SEC. 1110. TOLLING.
(a) Toll Roads, Bridges, Tunnels, and Ferries.--Section 129 of title
23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--
``(A) Authorization.--Subject to the provisions of
this section, Federal participation shall be permitted
on the same basis and in the same manner as
construction of toll-free highways is permitted under
this chapter in the--
``(i) initial construction of a toll highway,
bridge, or tunnel or approach to the highway,
bridge, or tunnel;
``(ii) initial construction of 1 or more
lanes or other improvements that increase
capacity of a highway, bridge, or tunnel (other
than a highway on the Interstate System) and
conversion of that highway, bridge, or tunnel
to a tolled facility, if the number of toll-
free lanes, excluding auxiliary lanes, after
the construction is not less than the number of
toll-free lanes, excluding auxiliary lanes,
before the construction;
``(iii) initial construction of 1 or more
lanes or other improvements that increase the
capacity of a highway, bridge, or tunnel on the
Interstate System and conversion of that
highway, bridge, or tunnel to a tolled
facility, if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after such
construction is not less than the number of
toll-free non-HOV lanes, excluding auxiliary
lanes, before such construction;
``(iv) reconstruction, resurfacing,
restoration, rehabilitation, or replacement of
a toll highway, bridge, or tunnel or approach
to the highway, bridge, or tunnel;
``(v) reconstruction or replacement of a
toll-free bridge or tunnel and conversion of
the bridge or tunnel to a toll facility;
``(vi) reconstruction of a toll-free Federal-
aid highway (other than a highway on the
Interstate System) and conversion of the
highway to a toll facility;
``(vii) reconstruction, restoration, or
rehabilitation of a highway on the Interstate
System if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after
reconstruction, restoration, or rehabilitation
is not less than the number of toll-free non-
HOV lanes, excluding auxiliary lanes, before
reconstruction, restoration, or rehabilitation;
``(viii) conversion of a high occupancy
vehicle lane on a highway, bridge, or tunnel to
a toll facility, subject to the requirements of
section 166; and
``(ix) preliminary studies to determine the
feasibility of a toll facility for which
Federal participation is authorized under this
paragraph.
``(B) Agreement to toll.--
``(i) In general.--Before the Secretary may
authorize tolling under this subsection, the
public authority with jurisdiction over a
highway, bridge, or tunnel shall enter into an
agreement with the Secretary to ensure
compliance with the requirements of this
subsection.
``(ii) Applicability.--
``(I) In general.--The requirements
of this subparagraph shall apply to--
``(aa) Federal participation
under subparagraph (A);
``(bb) any prior Federal
participation in the facility
proposed to be tolled; and
``(cc) conversion, with or
without Federal participation,
of a non-tolled lane on the
National Highway System to a
toll facility under
subparagraph (E).
``(II) HOV facility.--Except as
otherwise provided in this subsection
or section 166, the provisions of this
paragraph shall not apply to a high
occupancy vehicle facility.
``(iii) Major federal action.--Approval by
the Secretary of an agreement to toll under
this paragraph shall be considered a major
Federal action under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(C) Agreement conditions.--Prior to entering into
an agreement to toll under subparagraph (B), the public
authority shall certify to the Secretary that--
``(i) the public authority has established
procedures to ensure the toll meets the
purposes and requirements of this subsection;
``(ii) the facility shall provide for access
at no cost to public transportation vehicles
and over-the-road buses serving the public; and
``(iii) the facility shall provide for the
regional interoperability of electronic toll
collection, including through technologies or
business practices.
``(D) Consideration of impacts.--
``(i) In general.--Prior to entering into an
agreement to toll under subparagraph (B), the
Secretary shall ensure the public authority has
adequately considered, including by providing
an opportunity for public comment, the
following factors within the corridor:
``(I) Congestion impacts on both the
toll facility and in the corridor or
cordon (including adjacent toll-free
facilities).
``(II) In the case of a non-
attainment or maintenance area, air
quality impacts.
``(III) Planned investments to
improve public transportation or other
non-tolled alternatives in the
corridor.
``(IV) Environmental justice and
equity impacts.
``(V) Impacts on freight movement.
``(VI) Economic impacts on
businesses.
``(ii) Consideration in environmental
review.--Nothing in this subparagraph shall
limit a public authority from meeting the
requirements of this subparagraph through the
environmental review process, as applicable.
``(E) Congestion pricing.--
``(i) In general.--The Secretary may
authorize conversion of a non-tolled lane on
the National Highway System to a toll facility
to utilize pricing to manage the demand to use
the facility by varying the toll amount that is
charged.
``(ii) Requirement.--Prior to entering into
an agreement to convert a non-tolled lane on
the National Highway System to a toll facility,
the Secretary shall ensure (in addition to the
requirements under subparagraphs (B), (C), and
(D)) that such toll facility and the planned
investments to improve public transportation or
other non-tolled alternatives in the corridor
are reasonably expected to improve the
operation of the cordon or corridor, as
described in clauses (iii) and (iv).
``(iii) Performance monitoring.--A public
authority that enters into an agreement to
convert a non-tolled lane to a toll facility
under this subparagraph shall--
``(I) establish, monitor, and support
a performance monitoring, evaluation,
and reporting program--
``(aa) for the toll facility
that provides for continuous
monitoring, assessment, and
reporting on the impacts that
the pricing structure may have
on the operation of the
facility; and
``(bb) for the corridor or
cordon that provides for
continuous monitoring,
assessment, and reporting on
the impacts of congestion
pricing on the operation of the
corridor or cordon;
``(II) submit to the Secretary annual
reports of the impacts described in
subclause (I); and
``(III) if the facility or the
corridor or cordon becomes degraded, as
described in clause (iv), submit to the
Secretary an annual update that
describes the actions proposed to bring
the toll facility into compliance and
the progress made on such actions.
``(iv) Determination.--
``(I) Degraded operation.--For
purposes of clause (iii)(III), the
operation of a toll facility shall be
considered to be degraded if vehicles
operating on the facility are failing
to maintain a minimum average operating
speed 90 percent of the time over a
consecutive 180-day period during peak
hour periods.
``(II) Degraded corridor or cordon.--
For the purposes of clause (iii)(III),
a corridor or cordon shall be
considered to be degraded if congestion
pricing or investments to improve
public transportation or other non-
tolled alternatives have not resulted
in--
``(aa) an increase in person
or freight throughput in the
corridor or cordon; or
``(bb) a reduction in person
hours of delay in the corridor
or cordon, as determined by the
Secretary.
``(III) Definition of minimum average
operating speed.--In this subparagraph,
the term `minimum average operating
speed' means--
``(aa) 35 miles per hour, in
the case of a toll facility
with a speed limit of 45 miles
per hour or greater; and
``(bb) not more than 10 miles
per hour below the speed limit,
in the case of a toll facility
with a speed limit of less than
50 miles per hour.
``(v) Maintenance of operating performance.--
``(I) In general.--Not later than 180
days after the date on which a facility
or a corridor or cordon becomes
degraded under clause (iv), the public
authority with jurisdiction over the
facility shall submit to the Secretary
for approval a plan that details the
actions the public authority will take
to make significant progress toward
bringing the facility or corridor or
cordon into compliance with this
subparagraph.
``(II) Notice of approval or
disapproval.--Not later than 60 days
after the date of receipt of a plan
under subclause (I), the Secretary
shall provide to the public authority a
written notice indicating whether the
Secretary has approved or disapproved
the plan based on a determination of
whether the implementation of the plan
will make significant progress toward
bringing the facility or corridor or
cordon into compliance with this
subparagraph.
``(III) Update.--Until the date on
which the Secretary determines that the
public authority has brought the
facility or corridor or cordon into
compliance with this subparagraph, the
public authority shall submit annual
updates that describe--
``(aa) the actions taken to
bring the facility into
compliance;
``(bb) the actions taken to
bring the corridor or cordon
into compliance; and
``(cc) the progress made by
those actions.
``(IV) Compliance.--If a public
authority fails to bring a facility
into compliance under this
subparagraph, the Secretary may subject
the public authority to appropriate
program sanctions under section 1.36 of
title 23, Code of Federal Regulations
(or successor regulations), until the
performance is no longer degraded.
``(vi) Consultation of mpo.--If a toll
facility authorized under this subparagraph is
located on the National Highway System and in a
metropolitan planning area established in
accordance with section 134, the public
authority shall consult with the metropolitan
planning organization for the area.
``(vii) Inclusion.--For the purposes of this
paragraph, the corridor or cordon shall include
toll-free facilities that are adjacent to the
toll facility.'';
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (iv) by striking
``and'' at the end; and
(II) by striking clause (v) and
inserting the following:
``(v) any project eligible under this title
or chapter 53 of title 49 that improves the
operation of the corridor or cordon by
increasing person or freight throughput and
reducing person hours of delay;
``(vi) toll discounts or rebates for users of
the toll facility that have no reasonable
alternative transportation method to the toll
facility; and
``(vii) if the public authority certifies
annually that the tolled facility is being
adequately maintained and the cordon or
corridor is not degraded under paragraph
(1)(E), any revenues remaining after funding
the activities described in clauses (i) through
(vi) shall be considered surplus revenue and
may be used for any other purpose for which
Federal funds may be obligated by a State under
this title or chapter 53 of title 49.'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Transparency.--
``(i) Annual audit.--
``(I) In general.--A public authority
with jurisdiction over a toll facility
shall conduct or have an independent
auditor conduct an annual audit of toll
facility records to verify adequate
maintenance and compliance with
subparagraph (A), and report the
results of the audits to the Secretary.
``(II) Records.--On reasonable
notice, the public authority shall make
all records of the public authority
pertaining to the toll facility
available for audit by the Secretary.
``(ii) Use of revenues.--A State or public
authority that obligates amounts under clauses
(v), (vi), or (vii) of subparagraph (A) shall
annually report to the Secretary a list of
activities funded with such amounts and the
amount of funding provided for each such
activity.'';
(C) in paragraph (8) by striking ``as of the date of
enactment of the MAP-21, before commencing any activity
authorized'' and inserting ``, before commencing any
activity authorized'';
(D) in paragraph (9)--
(i) by striking ``bus'' and inserting
``vehicle''; and
(ii) by striking ``buses'' and inserting
``vehicles''; and
(E) by striking paragraph (10) and inserting the
following:
``(10) Interoperability of electronic toll collection.--All
toll facilities on Federal-aid highways shall provide for the
regional interoperability of electronic toll collection,
including through technologies or business practices.
``(11) Noncompliance.--If the Secretary concludes that a
public authority has not complied with the requirements of this
subsection, the Secretary may require the public authority to
discontinue collecting tolls until the public authority and the
Secretary enter into an agreement for the public authority to
achieve compliance with such requirements.
``(12) Definitions.--In this subsection, the following
definitions apply:
``(A) Federal participation.--The term `Federal
participation' means the use of funds made available
under this title.
``(B) High occupancy vehicle; hov.--The term `high
occupancy vehicle' or `HOV' means a vehicle with not
fewer than 2 occupants.
``(C) Initial construction.--
``(i) In general.--The term `initial
construction' means the construction of a
highway, bridge, tunnel, or other facility at
any time before it is open to traffic.
``(ii) Exclusions.--The term `initial
construction' does not include any improvement
to a highway, bridge, tunnel, or other facility
after it is open to traffic.
``(D) Over-the-road bus.--The term `over-the-road
bus' has the meaning given the term in section 301 of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12181).
``(E) Public authority.--The term `public authority'
means a State, interstate compact of States, or public
entity designated by a State.
``(F) Public transportation vehicle.--The term
`public transportation vehicle' has the meaning given
that term in section 166.
``(G) Toll facility.--The term `toll facility' means
a toll highway, bridge, or tunnel or approach to the
highway, bridge, or tunnel constructed or authorized to
be tolled under this subsection.''.
(b) Repeal of Interstate System Reconstruction and Rehabilitation
Pilot Program.--Section 1216 of the Transportation Equity Act for the
21st Century (23 U.S.C. 129 note), and the item related to such section
in the table of contents in section 1(b) of such Act, are repealed.
(c) Value Pricing Pilot Program.--Section 1012(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note) is
amended by adding at the end the following:
``(9) Sunset.--The Secretary may not consider an expression
of interest submitted under this section after the date of
enactment of this paragraph.''.
(d) Savings Clause.--
(1) Application of limitations.--Any toll facility described
in paragraph (2) shall be subject to the requirements of
section 129(a)(3) of title 23, United States Code, as in effect
on the day before the date of enactment of this Act.
(2) Toll facilities.--A toll facility described in this
paragraph is a facility that, on the day prior to the date of
enactment of this Act, was--
(A) operating;
(B) in the planning and design phase; or
(C) in the construction phase.
(e) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Transportation shall submit to Congress a
report on the implementation of the interoperability of toll collection
as required under section 1512(b) of MAP-21, including an assessment of
the progress in, and barriers on, such implementation.
SEC. 1111. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)(C)(iii) by striking
``transportation buses'' and inserting ``transportation
vehicles''; and
(B) in paragraph (5)(B) by striking ``2019'' and
inserting ``2025'';
(2) in subsection (d)(2)(A)(i) by striking ``45 miles per
hour, in the case of a toll facility with a speed of 50 miles
per hour or greater'' and inserting ``35 miles per hour, in the
case of a toll 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''; and
(5) by adding at the end the following:
``(h) Waiver Procedure.--
``(1) In general.--Not later than 120 days after the
submission of a request for a waiver, the Secretary shall make
a determination under paragraph (1) or (2) of subsection (b) as
to whether subsection (a) shall apply.
``(2) Public notification and comment.--
``(A) In general.--Not later than 30 days before
making a determination regarding a waiver described in
paragraph (1), the Secretary shall provide notification
and an opportunity for public comment on the request
for such waiver.
``(B) Notification requirements.--The notification
required under subparagraph (A) shall--
``(i) describe whether the application is
being made for a determination described in
subsection (b)(1); and
``(ii) be provided to the public by
electronic means, including on the public
website of the Department of Transportation.
``(3) Determination.--Before a determination described in
paragraph (1) takes effect, the Secretary shall publish a
detailed justification for such determination that addresses
all public comments received under paragraph (2)--
``(A) on the public website of the Department of
Transportation; and
``(B) if the Secretary issues a waiver with respect
to such determination, in the Federal Register.
``(i) Review of Nationwide Waivers.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and at least every 5 years
thereafter, the Secretary shall review any standing nationwide
waiver issued by the Secretary under this section to ensure
such waiver remains justified.
``(2) Public notification and opportunity for comment.--
``(A) In general.--Not later than 30 days before the
completion of a review under paragraph (1), the
Secretary shall provide notification and an opportunity
for public comment on such review.
``(B) Means of notification.--Notification provided
under this subparagraph shall be provided by electronic
means, including on the public website of the
Department of Transportation.
``(3) Detailed justification in federal register.--After the
completion of a review under paragraph (1), the Secretary shall
publish in the Federal Register a detailed justification for
the determination made under paragraph (1) that addresses all
public comments received under paragraph (2).
``(j) Report.--Not later than 120 days after the last day of each
fiscal year, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Appropriations of the House of Representatives, the
Committee on Environment and Public Works of the Senate, and the
Committee on Appropriations of the Senate a report on the waivers
provided under subsection (h) during the previous fiscal year and the
justifications for such waivers.''.
(b) SAFETEA-LU Technical Corrections Act of 2008.--Section 117 of the
SAFETEA-LU Technical Corrections Act of 2008 (23 U.S.C. 313 note) is
repealed.
SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIREMENTS.
(a) In General.--Except as otherwise provided in subsection (b),
notwithstanding any other provision of law, the Secretary shall require
recipients of assistance under title 23, United States Code, and title
I of division B this Act and the amendments made by this Act to comply
with subsection (a) of section 113 of title 23, United States Code,
with respect to all construction work, in the same manner that
recipients of assistance under chapter 1 of such title are required to
comply with such subsection for construction work performed on highway
projects on Federal-aid highways.
(b) Treatment of Certain Projects.--The Secretary shall apply the
requirements of section 1306(l) of this Act and sections 117(k),
172(j), and 173(k) of title 23, United States Code, to a project funded
with a grant under such sections.
SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
Section 326(c)(3) of title 23, United States Code, is amended--
(1) by striking subparagraph (A) and inserting the following:
``(A) except as provided under subparagraph (C), have
a term of not more than 3 years;'';
(2) in subparagraph (B) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) for any State that has assumed the
responsibility for categorical exclusions under this
section for at least 10 years, have a term of 5
years.''.
SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN
AGREEMENTS.
Section 327 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) by striking paragraph (5) and inserting the
following:
``(5) except as provided under paragraph (7), have a term of
not more than 5 years;'';
(B) in paragraph (6) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) for any State that has participated in a program under
this section (or under a predecessor program) for at least 10
years, have a term of 10 years.'';
(2) in subsection (g)(1)--
(A) in subparagraph (C) by striking ``annual'';
(B) in subparagraph (B) by striking ``and'' at the
end;
(C) by redesignating subparagraph (C) as subparagraph
(D); and
(D) by inserting after subparagraph (B) the
following:
``(C) in the case of an agreement period of greater
than 5 years under subsection (c)(7), conduct an audit
covering the first 5 years of the agreement period;
and''; and
(3) by adding at the end the following:
``(m) Agency Deemed to Be Federal Agency.--A State agency that is
assigned a responsibility under an agreement under this section shall
be deemed to be a Federal agency for the purposes of all Federal laws
pursuant to which the responsibility is exercised.''.
SEC. 1116. CORROSION PREVENTION FOR BRIDGES.
(a) Definitions.--In this section:
(1) Applicable bridge projects.--The term ``applicable bridge
projects'' means a project for construction, alteration, or
maintenance work, other than de minimus maintenance or repair
work as determined by the applicable State department of
transportation, on a bridge or overpass structure funded under
title 23, United States Code.
(2) Certified contractor.--The term ``certified contractor''
means a contracting or subcontracting firm that has been
certified by a third party organization that evaluates the
capability of the contractor or subcontractor to properly
perform one or more specified aspects of applicable bridge
projects as defined in subsection (b)(2).
(3) Qualified training program.--The term ``qualified
training program'' means a training program in corrosion
control, mitigation and prevention, that is either offered or
accredited by an organization that sets industry corrosion
standards or is recognized in corrosion management
transportation structures by the Department of Transportation,
for the purposes of controlling, mitigating and preventing
corrosion, or a program registered under the Act of August 16,
1937 (29 U.S.C. 50 et seq.) (commonly known as the ``National
Apprenticeship Act'') that meets the requirements of parts 29
and 30 of title 29, Code of Federal Regulations, as in effect
on January 1, 2020.
(b) Applicable Bridge Projects.--
(1) Quality control.--A certified contractor shall carry out
aspects of an applicable bridge project described in paragraph
(2).
(2) Aspects of applicable bridge projects.--Aspects of an
applicable bridge project referred to in paragraph (1)
include--
(A) surface preparation or coating application on
steel or rebar of an applicable bridge project;
(B) removal of a lead-based or other hazardous
coating from steel of an existing applicable bridge
project;
(C) shop painting of structural steel or rebar
fabricated for installation on an applicable bridge
project; and
(D) the design, application, installation and
maintenance of a cathodic protection system on an
applicable bridge project.
(3) Corrosion management system.--A State transportation
department shall--
(A) implement a corrosion management system that
utilizes industry-recognized standards and corrosion
mitigation and prevention methods to address--
(i) surface preparation;
(ii) protective coatings;
(iii) materials selection;
(iv) cathodic protection;
(v) corrosion engineering;
(vi) personnel training; and
(vii) best practices in environmental
protection to prevent environmental degradation
and uphold public health;
(B) require certified contractors that employ
appropriately trained and certified coating applicators
to carry out aspects of applicable bridge projects as
described in paragraph (2); and
(C) use certified cathodic protection professionals
for all aspects of applicable bridge projects that
require knowledge of the design, installation,
monitoring, or maintenance of a cathodic protection
system.
(c) Training Program.--As a condition of entering into a contract for
an applicable bridge project, each certified contractor shall provide
training, through a qualified training program, for each applicable
craft or trade classification of employees that the certified
contractor intends to employ to carry out aspects of applicable bridge
projects as described in subsection (b)(2).
SEC. 1117. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) States should utilize life-cycle cost analysis to
evaluate the total economic cost of a transportation project
over its expected lifetime; and
(2) data indicating that future repair costs associated with
a transportation project frequently total more than half of the
initial cost of the project, and that conducting life-cycle
cost analysis prior to construction will help States identify
the most cost-effective option, improve their economic
performance, and lower the total cost of building and
maintaining the project.
Subtitle B--Programmatic Infrastructure Investment
SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Purposes.--The purposes of the national highway performance
program shall be--
``(1) to provide support for the condition and performance of
the National Highway System, consistent with the asset
management plans of States;
``(2) to support progress toward the achievement of
performance targets of States established under section 150;
``(3) to increase the resilience of Federal-aid highways and
bridges; and
``(4) to provide support for the construction of new
facilities on the National Highway System, consistent with
subsection (d)(3).'';
(2) in subsection (d)--
(A) in paragraph (1)(A) by striking ``or freight
movement on the National Highway System'' and inserting
``freight movement, environmental sustainability,
transportation system access, or combating climate
change'';
(B) in paragraph (1)(B) by striking ``and'' at the
end;
(C) in paragraph (2)--
(i) in subparagraph (G)--
(I) in clause (i) by inserting
``and'' at the end;
(II) in clause (ii) by striking ``;
and'' and inserting a period; and
(III) by striking clause (iii);
(ii) in subparagraph (I) by inserting ``,
including the installation of safety barriers
and nets on bridges on the National Highway
System'' after ``National Highway System''; and
(iii) by adding at the end the following:
``(Q) Projects on or off the National Highway System
to reduce greenhouse gas emissions that are eligible
under section 171, including the installation of
electric vehicle charging infrastructure.
``(R) Projects on or off the National Highway System
to enhance resilience of a transportation facility,
including protective features.
``(S) Projects and strategies to reduce vehicle-
caused wildlife mortality related to, or to restore and
maintain connectivity among terrestrial or aquatic
habitats affected by, a transportation facility
otherwise eligible for assistance under this section.
``(T) Projects on or off the National Highway System
to improve an evacuation route eligible under section
124(b)(1)(C).
``(U) Undergrounding public utilities in the course
of other infrastructure improvements eligible under
this section to mitigate the cost of recurring damages
from extreme weather events, wildfire or other natural
disasters.''; and
(D) by adding at the end the following:
``(3) a project that is otherwise eligible under this
subsection to construct new capacity for single occupancy
passenger vehicles only if the State--
``(A) has demonstrated progress in achieving a state
of good repair, as defined in the State's asset
management plan, on the National Highway System;
``(B) demonstrates that the project--
``(i) supports the achievement of performance
targets of the State established under section
150; and
``(ii) is more cost effective, as determined
by benefit-cost analysis, than--
``(I) an operational improvement to
the facility or corridor;
``(II) the construction of a transit
project eligible for assistance under
chapter 53 of title 49; or
``(III) the construction of a non-
single occupancy passenger vehicle
project that improves freight movement;
and
``(C) has a public plan for maintaining and operating
the new asset while continuing its progress in
achieving a state of good repair under subparagraph
(A).'';
(3) in subsection (e)--
(A) in the heading by inserting ``Asset and'' after
``State'';
(B) in paragraph (4)(D) by striking ``analysis'' and
inserting ``analyses, both of which shall take into
consideration climate change adaptation and
resilience;''; and
(C) in paragraph (8) by striking ``Not later than 18
months after the date of enactment of the MAP-21, the
Secretary'' and inserting ``The Secretary''; and
(4) by adding at the end the following:
``(k) Benefit-cost Analysis.--In carrying out subsection
(d)(3)(B)(ii), the Secretary shall establish a process for analyzing
the cost and benefits of projects under such subsection, ensuring
that--
``(1) the benefit-cost analysis includes a calculation of all
the benefits addressed in the performance measures established
under section 150;
``(2) the benefit-cost analysis includes a consideration of
the total maintenance cost of an asset over the lifecycle of
the asset; and
``(3) the State demonstrates that any travel demand modeling
used to calculate the benefit-cost analysis has a documented
record of accuracy.''.
SEC. 1202. INCREASING THE RESILIENCE OF TRANSPORTATION ASSETS.
(a) Predisaster Mitigation Program.--
(1) In general.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 123 the following:
``Sec. 124. Predisaster mitigation program
``(a) Establishment.--The Secretary shall establish and implement a
predisaster mitigation program to enhance the resilience of the
transportation system of the United States, mitigate the impacts of
covered events, and ensure the efficient use of Federal resources.
``(b) Eligible Activities.--
``(1) In general.--Subject to paragraph (2), funds
apportioned to the State under section 104(b)(8) may be
obligated for construction activities, including construction
of natural infrastructure or protective features and the
development of such projects and programs that help agencies,
to--
``(A) increase the resilience of a surface
transportation infrastructure asset to withstand a
covered event;
``(B) relocate or provide a reasonable alternative to
a repeatedly damaged facility;
``(C) for an evacuation route identified in the
vulnerability assessment required under section
134(i)(2)(I)(iii) or section 135(f)(10)(C)--
``(i) improve the capacity or operation of
such evacuation route through--
``(I) communications and intelligent
transportation system equipment and
infrastructure;
``(II) counterflow measures; and
``(III) shoulders; and
``(ii) relocate such evacuation route or
provide a reasonable alternative to such
evacuation route to address the risk of a
covered event; and
``(D) recover from incidents that significantly
disrupt a regions transportation system including--
``(i) predisaster training programs that help
agencies and regional stakeholders plan for and
prepare multimodal recovery efforts; and
``(ii) the establishment of regional wide
telework training and programs.
``(2) Infrastructure resilience and adaptation.--No funds
shall be obligated to a project under this section unless the
project meets each of the following criteria:
``(A) The project is designed to ensure resilience
over the anticipated service life of the surface
transportation infrastructure asset.
``(B) The project is identified in the metropolitan
or statewide transportation improvement program as a
project to address resilience vulnerabilities,
consistent with section 134(j)(3)(E) or
135(g)(5)(B)(iii).
``(C) For a project in a flood-prone area, the
project sponsor considers hydrologic and hydraulic data
and methods that integrate current and projected
changes in flooding based on climate science over the
anticipated service life of the surface transportation
infrastructure asset and future forecasted land use
changes.
``(3) Prioritization of projects.--A State shall develop a
process to prioritize projects under this section based on the
degree to which the proposed project would--
``(A) be cost effective;
``(B) reduce the risk of disruption to a surface
transportation infrastructure asset considered critical
to support population centers, freight movement,
economic activity, evacuation, recovery, or national
security functions; and
``(C) ease disruptions to vulnerable, at-risk, or
transit-dependant populations.
``(c) Guidance.--The Secretary shall provide guidance to States to
assist with the implementation of paragraphs (2) and (3) of subsection
(b).
``(d) Definitions.--In this section:
``(1) Covered event.--The term `covered event' means a
climate change effect (including sea level rise), an extreme
event, seismic activity, or any other natural disaster
(including a wildfire or landslide).
``(2) Surface transportation infrastructure asset.--The term
`surface transportation infrastructure asset' means a facility
eligible for assistance under this title or chapter 53 of title
49.''.
(2) Conforming amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by inserting after the
item relating to section 123 the following:
``124. Predisaster mitigation program.''.
(b) Metropolitan Transportation Planning.--
(1) Amendments to title 23.--
(A) Climate change and resilience.--Section 134(i)(2)
of title 23, United States Code, is amended by adding
at the end the following:
``(I) Climate change and resilience.--
``(i) In general.--The transportation
planning process shall assess strategies to
reduce the climate change impacts of the
surface transportation system and conduct a
vulnerability assessment to identify
opportunities to enhance the resilience of the
surface transportation system and ensure the
efficient use of Federal resources.
``(ii) Climate change mitigation and
impacts.--A long-range transportation plan
shall--
``(I) identify investments and
strategies to reduce transportation-
related sources of greenhouse gas
emissions per capita;
``(II) identify investments and
strategies to manage transportation
demand and increase the rates of public
transportation ridership, walking,
bicycling, and carpools; and
``(III) recommend zoning and other
land use policies that would support
infill, transit-oriented development,
and mixed use development.
``(iii) Vulnerability assessment.--A long-
range transportation plan shall incorporate a
vulnerability assessment that--
``(I) includes a risk-based
assessment of vulnerabilities of
critical transportation assets and
systems to covered events (as such term
is defined in section 124);
``(II) considers, as applicable, the
risk management analysis in the State's
asset management plan developed
pursuant to section 119, and the
State's evaluation of reasonable
alternatives to repeatedly damaged
facilities conducted under part 667 of
title 23, Code of Federal Regulations;
``(III) identifies evacuation routes,
assesses the ability of any such routes
to provide safe passage for evacuation
and emergency response during an
emergency event, and identifies any
improvements or redundant facilities
necessary to adequately facilitate safe
passage;
``(IV) describes the metropolitan
planning organization's adaptation and
resilience improvement strategies that
will inform the transportation
investment decisions of the
metropolitan planning organization; and
``(V) is consistent with and
complementary of the State and local
mitigation plans required under section
322 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5165).
``(iv) Consultation.--The assessment
described in this subparagraph shall be
developed in consultation with, as appropriate,
State, local, and Tribal officials responsible
for land use, housing, resilience, hazard
mitigation, and emergency management.''.
(B) Resilience projects.--Section 134(j)(3) of title
23, United States Code, is amended by adding at the end
the following:
``(E) Resilience projects.--The TIP shall--
``(i) identify projects that address the
vulnerabilities identified by the assessment in
subsection (i)(2)(I)(iii); and
``(ii) describe how each project identified
under clause (i) would improve the resilience
of the transportation system.''.
(2) Amendments to title 49.--
(A) Climate change and resilience.--Section
5303(i)(2) of title 49, United States Code, is amended
by adding at the end the following:
``(I) Climate change and resilience.--
``(i) In general.--The transportation
planning process shall assess strategies to
reduce the climate change impacts of the
surface transportation system and conduct a
vulnerability assessment to identify
opportunities to enhance the resilience of the
surface transportation system and ensure the
efficient use of Federal resources.
``(ii) Climate change mitigation and
impacts.--A long-range transportation plan
shall--
``(I) identify investments and
strategies to reduce transportation-
related sources of greenhouse gas
emissions per capita;
``(II) identify investments and
strategies to manage transportation
demand and increase the rates of public
transportation ridership, walking,
bicycling, and carpools; and
``(III) recommend zoning and other
land use policies that would support
infill, transit-oriented development,
and mixed use development.
``(iii) Vulnerability assessment.--A long-
range transportation plan shall incorporate a
vulnerability assessment that--
``(I) includes a risk-based
assessment of vulnerabilities of
critical transportation assets and
systems to covered events (as such term
is defined in section 124 of title 23);
``(II) considers, as applicable, the
risk management analysis in the State's
asset management plan developed
pursuant to section 119 of title 23,
and the State's evaluation of
reasonable alternatives to repeatedly
damaged facilities conducted under part
667 of title 23, Code of Federal
Regulations;
``(III) identifies evacuation routes,
assesses the ability of any such routes
to provide safe passage for evacuation
and emergency response during an
emergency event, and identifies any
improvements or redundant facilities
necessary to adequately facilitate safe
passage;
``(IV) describes the metropolitan
planning organization's adaptation and
resilience improvement strategies that
will inform the transportation
investment decisions of the
metropolitan planning organization; and
``(V) is consistent with and
complementary of the State and local
mitigation plans required under section
322 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5165).
``(iv) Consultation.--The assessment
described in this subparagraph shall be
developed in consultation, as appropriate, with
State, local, and Tribal officials responsible
for land use, housing, resilience, hazard
mitigation, and emergency management.''.
(B) Resilience projects.--Section 5303(j)(3) of title
49, United States Code, is amended by adding at the end
the following:
``(E) Resilience projects.--The TIP shall--
``(i) identify projects that address the
vulnerabilities identified by the assessment in
subsection (i)(2)(I)(iii); and
``(ii) describe how each project identified
under clause (i) would improve the resilience
of the transportation system.''.
(c) Statewide and Nonmetropolitan Planning.--
(1) Amendments to title 23.--
(A) Climate change and resilience.--Section 135(f) of
title 23, United States Code, is amended by adding at
the end the following:
``(10) Climate change and resilience.--
``(A) In general.--The transportation planning
process shall assess strategies to reduce the climate
change impacts of the surface transportation system and
conduct a vulnerability assessment to identify
opportunities to enhance the resilience of the surface
transportation system and ensure the efficient use of
Federal resources.
``(B) Climate change mitigation and impacts.--A long-
range transportation plan shall--
``(i) identify investments and strategies to
reduce transportation-related sources of
greenhouse gas emissions per capita;
``(ii) identify investments and strategies to
manage transportation demand and increase the
rates of public transportation ridership,
walking, bicycling, and carpools; and
``(iii) recommend zoning and other land use
policies that would support infill, transit-
oriented development, and mixed use
development.
``(C) Vulnerability assessment.--A long-range
transportation plan shall incorporate a vulnerability
assessment that--
``(i) includes a risk-based assessment of
vulnerabilities of critical transportation
assets and systems to covered events (as such
term is defined in section 124);
``(ii) considers, as applicable, the risk
management analysis in the State's asset
management plan developed pursuant to section
119, and the State's evaluation of reasonable
alternatives to repeatedly damaged facilities
conducted under part 667 of title 23, Code of
Federal Regulations;
``(iii) identifies evacuation routes,
assesses the ability of any such routes to
provide safe passage for evacuation and
emergency response during an emergency event,
and identifies any improvements or redundant
facilities necessary to adequately facilitate
safe passage;
``(iv) describes the States's adaptation and
resilience improvement strategies that will
inform the transportation investment decisions
of the State; and
``(v) is consistent with and complementary of
the State and local mitigation plans required
under section 322 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5165).
``(D) Consultation.--The assessment described in this
subparagraph shall be developed in consultation with,
as appropriate, State, local, and Tribal officials
responsible for land use, housing, resilience, hazard
mitigation, and emergency management.''.
(B) Resilience projects.--Section 135(g)(5)(B) of
title 23, United States Code, is amended by adding at
the end the following:
``(iii) Resilience projects.--The STIP
shall--
``(I) identify projects that address
the vulnerabilities identified by the
assessment in subsection (i)(10)(B);
and
``(II) describe how each project
identified under subclause (I) would
improve the resilience of the
transportation system.''.
(2) Amendments to title 49.--
(A) Climate change and resilience.--Section 5304(f)
of title 49, United States Code, is amended by adding
at the end the following:
``(10) Climate change and resilience.--
``(A) In general.--The transportation planning
process shall assess strategies to reduce the climate
change impacts of the surface transportation system and
conduct a vulnerability assessment to identify
opportunities to enhance the resilience of the surface
transportation system and ensure the efficient use of
Federal resources.
``(B) Climate change mitigation and impacts.--A long-
range transportation plan shall--
``(i) identify investments and strategies to
reduce transportation-related sources of
greenhouse gas emissions per capita;
``(ii) identify investments and strategies to
manage transportation demand and increase the
rates of public transportation ridership,
walking, bicycling, and carpools; and
``(iii) recommend zoning and other land use
policies that would support infill, transit-
oriented development, and mixed use
development.
``(C) Vulnerability assessment.--A long-range
transportation plan shall incorporate a vulnerability
assessment that--
``(i) includes a risk-based assessment of
vulnerabilities of critical transportation
assets and systems to covered events (as such
term is defined in section 124 of title 23);
``(ii) considers, as applicable, the risk
management analysis in the State's asset
management plan developed pursuant to section
119 of title 23, and the State's evaluation of
reasonable alternatives to repeatedly damaged
facilities conducted under part 667 of title
23, Code of Federal Regulations;
``(iii) identifies evacuation routes,
assesses the ability of any such routes to
provide safe passage for evacuation and
emergency response during an emergency event,
and identifies any improvements or redundant
facilities necessary to adequately facilitate
safe passage;
``(iv) describes the State's adaptation and
resilience improvement strategies that will
inform the transportation investment decisions
of the State; and
``(v) is consistent with and complementary of
the State and local mitigation plans required
under section 322 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5165).
``(D) Consultation.--The assessment described in this
subparagraph shall be developed in consultation with,
as appropriate, State, local, and Tribal officials
responsible for land use, housing, resilience, hazard
mitigation, and emergency management.''.
(B) Resilience projects.--Section 5304(g)(5)(B) of
title 49, United States Code, is amended by adding at
the end the following:
``(iii) Resilience projects.--The STIP
shall--
``(I) identify projects that address
the vulnerabilities identified by the
assessment in subsection (i)(10)(B);
and
``(II) describe how each project
identified under subclause (I) would
improve the resilience of the
transportation system.''.
SEC. 1203. EMERGENCY RELIEF.
(a) In General.--Section 125 of title 23, United States Code, is
amended--
(1) in subsection (a)(1) by inserting ``wildfire,'' after
``severe storm,'';
(2) by striking subsection (b);
(3) in subsection (c)(2)(A) by striking ``in any 1 fiscal
year commencing after September 30, 1980,'' and inserting ``in
any fiscal year'';
(4) in subsection (d)--
(A) in paragraph (3)(C) by striking ``subsection
(e)(1)'' and inserting ``subsection (g)'';
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by striking paragraphs (1) and (2) and inserting
the following:
``(1) In general.--The Secretary may expend funds from the
emergency fund authorized by this section only for the repair
or reconstruction of highways on Federal-aid highways in
accordance with this chapter.
``(2) Restrictions.--
``(A) In general.--No funds shall be expended from
the emergency fund authorized by this section unless--
``(i) an emergency has been declared by the
Governor of the State with concurrence by the
Secretary, unless the President has declared
the emergency to be a major disaster for the
purposes of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) for which concurrence of the
Secretary is not required; and
``(ii) the Secretary has received an
application from the State transportation
department that includes a comprehensive list
of all eligible project sites and repair costs
by not later than 2 years after the natural
disaster or catastrophic failure.
``(B) Cost limitation.--The total cost of a project
funded under this section may not exceed the cost of
repair or reconstruction of a comparable facility
unless the Secretary determines that the project
incorporates economically justified betterments,
including protective features to increase the
resilience of the facility.
``(3) Special rule for bridge projects.--In no case shall
funds be used under this section for the repair or
reconstruction of a bridge--
``(A) that has been permanently closed to all
vehicular traffic by the State or responsible local
official because of imminent danger of collapse due to
a structural deficiency or physical deterioration; or
``(B) if a construction phase of a replacement
structure is included in the approved statewide
transportation improvement program at the time of an
event described in subsection (a).'';
(5) in subsection (e)--
(A) by striking paragraph (1);
(B) in paragraph (2) by striking ``subsection
(d)(1)'' and inserting ``subsection (c)(1)''; and
(C) by redesignating paragraphs (2) and (3), as
amended, as paragraphs (1) and (2), respectively;
(6) by redesignating subsections (c) through (g), as amended,
as subsections (b) through (f), respectively; and
(7) by adding at the end the following:
``(g) Imposition of Deadline.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may not require any project funded under
this section to advance to the construction obligation stage
before the date that is the last day of the sixth fiscal year
after the later of--
``(A) the date on which the Governor declared the
emergency, as described in subsection (d)(2)(A)(i); or
``(B) the date on which the President declared the
emergency to be a major disaster, as described in such
subsection.
``(2) Extension of deadline.--If the Secretary imposes a
deadline for advancement to the construction obligation stage
pursuant to paragraph (1), the Secretary may, upon the request
of the Governor of the State, issue an extension of not more
than 1 year to complete such advancement, and may issue
additional extensions after the expiration of any extension, if
the Secretary determines the Governor of the State has provided
suitable justification to warrant such an extension.
``(h) Predisaster Hazard Mitigation Pilot Program.--
``(1) In general.--The Secretary shall establish a
predisaster mitigation program for the purpose of mitigating
future hazards posed to Federal-aid highways.
``(2) Distribution of funds.--Every 6 months, the Secretary
shall total the amount of funds made available to each State,
territory, Tribal or other eligible entity under the emergency
relief program under this section during the preceding 6 months
and remit an additional 5 percent from the Highway Trust Fund
to such entities for eligible activities described in paragraph
(3).
``(3) Eligible activities.--Funds made available under
paragraph (2) shall be used for mitigation projects and
activities that the Secretary determines are cost effective and
which substantially reduce the risk of, or increase resilience
to, future damage as a result of natural disasters, including
by flood, hurricane, tidal wave, earthquake, severe storm, or
landslide, by upgrading existing assets to meet or exceed
design standards adopted by the Federal Highway Administration
by--
``(A) relocating or elevating roadways;
``(B) increasing the size or number of drainage
structures, including culverts;
``(C) installing mitigation measures to prevent the
impairment of transportation assets as a result of the
intrusion of floodwaters;
``(D) improving bridges to expand water capacity and
prevent flooding;
``(E) deepening channels to prevent asset inundation
and improve drainage;
``(F) improving strength of natural features adjacent
to highway right-of-way to promote additional flood
storage;
``(G) installing or upgrading tide gates and flood
gates;
``(H) stabilizing slide areas or slopes;
``(I) installing seismic retrofits for bridges;
``(J) adding scour protection at bridges;
``(K) adding scour, stream stability, coastal, or
other hydraulic countermeasures, including riprap;
``(L) installing intelligent transportation system
equipment to monitor infrastructure quality; and
``(M) any other protective features as determined by
the Secretary.
``(4) Report.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate an annual report detailing--
``(A) a description of the activities carried out
under the pilot program;
``(B) an evaluation of the effectiveness of the pilot
program in meeting purposes descried in paragraph (1);
``(C) policy recommendations to improve the
effectiveness of the pilot program.
``(i) Improving the Emergency Relief Program.--Not later than 90 days
after the date of enactment of the INVEST in America Act, the Secretary
shall--
``(1) revise the emergency relief manual of the Federal
Highway Administration--
``(A) to include and reflect the definition of the
term `resilience' (as defined in section 101(a));
``(B) to identify procedures that States may use to
incorporate resilience into emergency relief projects;
and
``(C) to encourage the use of context sensitive
design principles and consideration of access for
moderate- and low-income families impacted by a
declared disaster;
``(2) develop best practices for improving the use of
resilience in--
``(A) the emergency relief program under section 125;
and
``(B) emergency relief efforts;
``(3) provide to division offices of the Federal Highway
Administration and State departments of transportation
information on the best practices developed under paragraph
(2); and
``(4) develop and implement a process to track--
``(A) the consideration of resilience as part of the
emergency relief program under section 125; and
``(B) the costs of emergency relief projects.
``(j) Definitions.--In this section:
``(1) Comparable facility.--The term `comparable facility'
means a facility that meets the current geometric and
construction standards required for the types and volume of
traffic that the facility will carry over its design life.
``(2) Construction phase.--The term `construction phase'
means the phase of physical construction of a highway or bridge
facility that is separate from any other identified phases,
such as planning, design, or right-of-way phases, in the State
transportation improvement program.
``(3) Open to public travel.--The term `open to public
travel' means with respect to a road, that, except during
scheduled periods, extreme weather conditions, or emergencies,
the road--
``(A) is maintained;
``(B) is open to the general public; and
``(C) can accommodate travel by a standard passenger
vehicle, without restrictive gates or prohibitive signs
or regulations, other than for general traffic control
or restrictions based on size, weight, or class of
registration.
``(4) Standard passenger vehicle.--The term `standard
passenger vehicle' means a vehicle with 6 inches of clearance
from the lowest point of the frame, body, suspension, or
differential to the ground.''.
(b) Sunset.--On the date that is 5 years after the date of enactment
of this Act, the authority provided under section 125(h) of title 23,
United States Code, shall terminate.
(c) Conforming Amendments.--
(1) Federal lands and tribal transportation programs.--
Section 201(c)(8)(A) of title 23, United States Code, is
amended by striking ``section 125(e)'' and inserting ``section
125(g)''.
(2) Tribal transportation program.--Section 202(b)(6)(A) of
title 23, United States Code, is amended by striking ``section
125(e)'' and inserting ``section 125(d)''.
(d) Repeal.--Section 668.105(h) of title 23, Code of Federal
Regulations, is repealed.
SEC. 1204. RAILWAY CROSSINGS.
(a) In General.--Section 130 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``Railway-highway
crossings'' and inserting ``Railway crossings'';
(2) in subsection (a)--
(A) by striking ``Subject to section 120 and
subsection (b) of this section, the entire'' and
inserting ``In General.--The'';
(B) by striking ``then the entire'' and inserting
``the''; and
(C) by striking ``, subject to section 120 and
subsection (b) of this section,'';
(3) by amending subsection (b) to read as follows:
``(b) Classification.--
``(1) In general.--The construction of projects for the
elimination of hazards at railway crossings represents a
benefit to the railroad. The Secretary shall classify the
various types of projects involved in the elimination of
hazards of railway-highway crossings, and shall set for each
such classification a percentage of the total project cost that
represent the benefit to the railroad or railroads for the
purpose of determining the railroad's share of the total
project cost. The Secretary shall determine the appropriate
classification of each project.
``(2) Noncash contributions.--
``(A) In general.--Not more than 5 percent of the
cost share described in paragraph (1) may be
attributable to noncash contributions of materials and
labor furnished by the railroad in connection with the
construction of such project.
``(B) Requirement.--The requirements under section
200.306 and 200.403(g) of title 2, Code of Federal
Regulations (or successor regulations), shall apply to
any noncash contributions under this subsection.
``(3) Total project cost.--For the purposes of this
subsection, the determination of the railroad's share of the
total project cost shall include environment, design, right-of-
way, utility accommodation, and construction phases of the
project.'';
(4) in subsection (c)--
(A) by striking ``Any railroad involved'' and
inserting ``Benefit.--Any railroad involved'';
(B) by striking ``the net benefit'' and inserting
``the cost associated with the benefit''; and
(C) by striking ``Such payment may consist in whole
or in part of materials and labor furnished by the
railroad in connection with the construction of such
project.'';
(5) by striking subsection (e) and inserting the following:
``(e) Railway Crossings.--
``(1) Eligible activities.--Funds apportioned to a State
under section 104(b)(7) may be obligated for the following:
``(A) The elimination of hazards at railway-highway
crossings, including technology or protective upgrades.
``(B) Construction (including installation and
replacement) of protective devices at railway-highway
crossings.
``(C) Infrastructure and noninfrastructure projects
and strategies to prevent or reduce suicide or
trespasser fatalities and injuries along railroad
rights-of-way and at or near railway-highway crossings.
``(D) Projects to mitigate any degradation in the
level of access from a highway-grade crossing closure.
``(E) Bicycle and pedestrian railway grade crossing
improvements, including underpasses and overpasses.
``(F) Projects eligible under section 22907(c)(5) of
title 49, provided that amounts obligated under this
subparagraph--
``(i) shall be administered by the Secretary
in accordance with such section as if such
amounts were made available to carry out such
section; and
``(ii) may be used to pay up to 90 percent of
the non-Federal share of the cost of a project
carried out under such section.
``(2) Special rule.--If a State demonstrates to the
satisfaction of the Secretary that the State has met all its
needs for installation of protective devices at railway-highway
crossings, the State may use funds made available by this
section for other highway safety improvement program
purposes.'';
(6) by striking subsection (f) and inserting the following:
``(f) Federal Share.--Notwithstanding section 120, the Federal share
payable on account of any project financed with funds made available to
carry out subsection (e) shall be up to 90 percent of the cost
thereof.'';
(7) by striking subsection (g) and inserting the following:
``(g) Report.--
``(1) State report.--
``(A) In general.--Not later than 2 years after the
date of enactment of the INVEST in America Act, and at
least biennially thereafter, each State shall submit to
the Secretary a report on the progress being made to
implement the railway crossings program authorized by
this section and the effectiveness of such
improvements.
``(B) Contents.--Each State report under subparagraph
(A) shall contain an assessment of the costs of the
various treatments employed and subsequent accident
experience at improved locations.
``(2) Departmental report.--
``(A) In general.--Not later than 180 days after the
deadline for the submission of a report under paragraph
(1)(A), the Secretary shall publish on the website of
the Department of Transportation a report on the
progress being made by the State in implementing
projects to improve railway-highway crossings.
``(B) Contents.--The report under subparagraph (A)
shall include--
``(i) the number of projects undertaken;
``(ii) distribution of such projects by cost
range, road system, nature of treatment, and
subsequent accident experience at improved
locations;
``(iii) an analysis and evaluation of each
State program;
``(iv) the identification of any State found
not to be in compliance with the schedule of
improvements required by subsection (d); and
``(v) recommendations for future
implementation of the railway crossings
program.'';
(8) in subsection (j)--
(A) in the heading by inserting ``and Pedestrian''
after ``Bicycle''; and
(B) by inserting ``and pedestrian'' after
``bicycle''; and
(9) in subsection (l)--
(A) in paragraph (1) by striking ``Not later than''
and all that follows through ``each State'' and
inserting ``Not later than 6 months after a new railway
crossing becomes operational, each State''; and
(B) in paragraph (2) by striking ``On a periodic''
and all that follows through ``every year thereafter''
and inserting ``On or before September 30 of each
year''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by amending the item relating to section
130 to read as follows:
``130. Railway crossings.''.
(c) GAO Study.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report that includes an analysis of the effectiveness of the
railway crossing program under section 130 of title 23, United States
Code.
(d) Sense of Congress Relating to Trespasser Deaths Along Railroad
Rights-of-way.--It is the sense of Congress that the Department of
Transportation should, where feasible, coordinate departmental efforts
to prevent or reduce trespasser deaths along railroad rights-of-way and
at or near railway-highway crossings.
SEC. 1205. SURFACE TRANSPORTATION PROGRAM.
(a) In General.--Section 133 of title 23, United States Code, is
amended--
(1) in the heading by striking ``block grant'';
(2) in subsection (a) by striking ``block grant'';
(3) in subsection (b)--
(A) by striking ``block grant'';
(B) in paragraph (4) by striking ``railway-highway
grade crossings'' and inserting ``projects eligible
under section 130 and installation of safety barriers
and nets on bridges'';
(C) in paragraph (6)--
(i) by striking ``Recreational'' and
inserting ``Transportation alternatives
projects eligible under subsection (h),
recreational''; and
(ii) by striking ``1404 of SAFETEA-LU (23
U.S.C. 402 note)'' and inserting ``211''; and
(D) by adding at the end the following:
``(16) Protective features (including natural infrastructure
and vegetation control and clearance) to enhance the resilience
of a transportation facility otherwise eligible for assistance
under this section.
``(17) Projects to reduce greenhouse gas emissions eligible
under section 171, including the installation of electric
vehicle charging infrastructure.
``(18) Projects and strategies to reduce vehicle-caused
wildlife mortality related to, or to restore and maintain
connectivity among terrestrial or aquatic habitats affected by,
a transportation facility otherwise eligible for assistance
under this section.
``(19) A surface transportation project carried out in
accordance with the national travel and tourism infrastructure
strategic plan under section 1431(e) of the FAST Act (49 U.S.C.
301 note).'';
(4) in subsection (c)--
(A) by striking ``block grant'' and inserting
``program'';
(B) by striking paragraph (3) and inserting the
following:
``(3) for a project described in--
``(A) subsection (h); or
``(B) section 101(a)(29), as in effect on the day
before the date of enactment of the FAST Act;'';
(C) by redesignating paragraph (4) as paragraph (5);
and
(D) by inserting after paragraph (3) the following:
``(4) for a project described in section 5308 of title 49;
and'';
(5) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``each fiscal year'' after
``apportioned to a State'';
(ii) by striking ``the reservation of'' and
inserting ``setting aside''; and
(iii) in subparagraph (A)--
(I) by striking ``the percentage
specified in paragraph (6) for a fiscal
year'' and inserting ``57 percent for
fiscal year 2022, 58 percent for fiscal
year 2023, 59 percent for fiscal year
2024, and 60 percent for fiscal year
2025'';
(II) in clause (i) by striking ``of
over'' and inserting ``greater than'';
and
(III) by striking clauses (ii) and
(iii) and inserting the following:
``(ii) in urbanized areas of the State with
an urbanized area population greater than
49,999 and less than 200,001;
``(iii) in urban areas of the State with a
population greater than 4,999 and less than
50,000; and
``(iv) in other areas of the State with a
population less than 5,000; and'';
(B) by striking paragraph (3) and inserting the
following:
``(3) Local coordination and consultation.--
``(A) Coordination with metropolitan planning
organizations.--For purposes of paragraph (1)(A)(ii), a
State shall--
``(i) establish a process to coordinate with
all metropolitan planning organizations in the
State that represent an urbanized area
described in such paragraph; and
``(ii) describe how funds described under
paragraph (1)(A)(ii) will be allocated
equitably among such urbanized areas during the
period of fiscal years 2022 through 2025.
``(B) Joint responsibility.--Each State and the
Secretary shall jointly ensure compliance with
subparagraph (A).
``(C) Consultation with regional transportation
planning organizations.--For purposes of clauses (iii)
and (iv) of paragraph (1)(A), before obligating funding
attributed to an area with a population less than
50,000, a State shall consult with the regional
transportation planning organizations that represent
the area, if any.'';
(C) in the heading for paragraph (4) by striking
``over 200,000'' and inserting ``greater than
200,000'';
(D) by striking paragraph (6) and inserting the
following:
``(6) Technical assistance.--
``(A) In general.--The State and all metropolitan
planning organizations in the State that represent an
urbanized area with a population of greater than
200,000 shall jointly establish a program to improve
the ability of applicants to deliver projects under
this subsection in an efficient and expeditious manner
and reduce the period of time between the selection of
the project and the obligation of funds for the project
by providing--
``(i) technical assistance and training to
applicants for projects under this subsection;
and
``(ii) funding for 1 or more full-time State
employee positions to administer this
subsection.
``(B) Eligible funds.--To carry out this paragraph--
``(i) a State shall set aside an amount equal
to 1 percent of the funds available under
paragraph (1)(A)(i); and
``(ii) at the request of an eligible
metropolitan planning organization, the State
and metropolitan planning organization may
jointly agree to use additional funds available
under paragraph (1)(A)(i).
``(C) Use of funds.--Amounts used under this
paragraph may be expended--
``(i) directly by the State; or
``(ii) through contracts with State agencies,
private entities, or nonprofit
organizations.'';
(6) in subsection (e)(1)--
(A) by striking ``over 200,000'' and inserting
``greater than 200,000''; and
(B) by striking ``2016 through 2020'' and inserting
``2022 through 2025'';
(7) by striking subsection (f) and inserting the following:
``(f) Bridges Not on Federal-Aid Highways.--
``(1) Definition of off-system bridge.--In this subsection,
the term `off-system bridge' means a bridge located on a public
road, other than a bridge on a Federal-aid highway.
``(2) Special rule.--
``(A) Set aside.--Of the amounts apportioned to a
State for each fiscal year under this section other
than the amounts described in subparagraph (C), the
State shall obligate for activities described in
subsection (b)(2) (as in effect on the day before the
date of enactment of the FAST Act) for off-system
bridges an amount that is not less than 20 percent of
the amounts available to such State under this section
in fiscal year 2020, not including the amounts
described in subparagraph (C).
``(B) Reduction of expenditures.--The Secretary,
after consultation with State and local officials, may
reduce the requirement for expenditures for off-system
bridges under subparagraph (A) with respect to the
State if the Secretary determines that the State has
inadequate needs to justify the expenditure.
``(C) Limitations.--The following amounts shall not
be used for the purposes of meeting the requirements of
subparagraph (A):
``(i) Amounts described in section
133(d)(1)(A).
``(ii) Amounts set aside under section
133(h).
``(iii) Amounts described in section 505(a).
``(3) Credit for bridges not on federal-aid highways.--
Notwithstanding any other provision of law, with respect to any
project not on a Federal-aid highway for the replacement of a
bridge or rehabilitation of a bridge that is wholly funded from
State and local sources, is eligible for Federal funds under
this section, is certified by the State to have been carried
out in accordance with all standards applicable to such
projects under this section, and is determined by the Secretary
upon completion to be no longer a deficient bridge--
``(A) any amount expended after the date of enactment
of this subsection from State and local sources for the
project in excess of 20 percent of the cost of
construction of the project may be credited to the non-
Federal share of the cost of other bridge projects in
the State that are eligible for Federal funds under
this section; and
``(B) that crediting shall be conducted in accordance
with procedures established by the Secretary.''; and
(8) in subsection (g)(1)--
(A) by striking ``subsection (d)(1)(A)(ii) for each
of fiscal years 2016 through 2020'' and inserting
``subsection (d)(1)(A)(iv) for each fiscal year'';
(B) by inserting ``rural'' after ``functionally
classified as''; and
(C) by inserting ``or local roads, or on critical
rural freight corridors designated under section
167(e)'' after ``minor collectors''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
133 and inserting the following:
``133. Surface transportation program.''.
(c) Conforming Amendments.--
(1) Advance acquisition of real property.--Section 108(c) of
title 23, United States Code, is amended--
(A) in paragraph (2)(A) by striking ``block grant'';
and
(B) in paragraph (3) by striking ``block grant''.
(2) Nondiscrimination.--Section 140(b) of title 23, United
States Code, is amended by striking ``block grant''.
(3) Public transportation.--Section 142(e)(2) of title 23,
United States Code, is amended by striking ``block grant''.
(4) Highway use tax evasion projects.--Section 143(b)(8) of
title 23, United States Code, is amended in the heading by
striking ``block grant''.
(5) 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''.
(6) 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''.
(7) Magnetic levitation transportation technology deployment
program.--Section 322(h)(3) of title 23, United States Code, is
amended by striking ``block grant''.
(8) Training and education.--Section 504(a)(4) of title 23,
United States Code, is amended by striking ``block grant''.
SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM.
Section 133(h) of title 23, United States Code, is amended to read as
follows:
``(h) Transportation Alternatives Program Set-Aside.--
``(1) Set aside.--For each fiscal year, of the total funds
apportioned to all States under section 104(b)(2) for a fiscal
year, the Secretary shall set aside an amount such that--
``(A) the Secretary sets aside a total amount under
this subsection for a fiscal year equal to 10 percent
of such total funds; and
``(B) the State's share of the amount set aside under
subparagraph (A) is determined by multiplying the
amount set aside under subparagraph (A) by the ratio
that--
``(i) the amount apportioned to the State for
the transportation enhancement program for
fiscal year 2009 under section 133(d)(2), as in
effect on the day before the date of enactment
of MAP-21; bears to
``(ii) the total amount of funds apportioned
to all States for the transportation
enhancements program for fiscal year 2009.
``(2) Allocation within a state.--
``(A) In general.--Except as provided in subparagraph
(B), funds set aside for a State under paragraph (1)
shall be obligated within that State in the manner
described in subsections (d) and (e), except that, for
purposes of this paragraph (after funds are made
available under paragraph (5))--
``(i) for each fiscal year, the percentage
referred to in paragraph (1)(A) of subsection
(d) shall be deemed to be 66 percent; and
``(ii) paragraph (3) of subsection (d) shall
not apply.
``(B) Local control.--
``(i) In general.--A State may make available
up to 100 percent of the funds set aside under
paragraph (1) to the entities described in
subclause (I) if the State submits to the
Secretary, and the Secretary approves, a plan
that describes--
``(I) how such funds shall be made
available to metropolitan planning
organizations, regional transportation
planning organizations, counties, or
other regional transportation
authorities;
``(II) how the entities described in
subclause (I) shall select projects for
funding and how such entities shall
report selected projects to the State;
``(III) the legal, financial, and
technical capacity of such entities;
and
``(IV) the procedures in place to
ensure such entities comply with the
requirements of this title.
``(ii) Requirement.--A State that makes
funding available under a plan approved under
this subparagraph shall make available an
equivalent amount of obligation authority to an
entity described in clause (i)(I) to whom funds
are made available under this subparagraph.
``(3) Eligible projects.--Funds set aside under this
subsection may be obligated for any of the following projects
or activities:
``(A) Construction, planning, and design of on-road
and off-road trail facilities for pedestrians,
bicyclists, and other nonmotorized forms of
transportation, including sidewalks, bicycle
infrastructure, pedestrian and bicycle signals, traffic
calming techniques, lighting and other safety-related
infrastructure, and transportation projects to achieve
compliance with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
``(B) Construction, planning, and design of
infrastructure-related projects and systems that will
provide safe routes for nondrivers, including children,
older adults, and individuals with disabilities to
access daily needs.
``(C) Conversion and use of abandoned railroad
corridors for trails for pedestrians, bicyclists, or
other nonmotorized transportation users.
``(D) Construction of turnouts, overlooks, and
viewing areas.
``(E) Community improvement activities, including--
``(i) inventory, control, or removal of
outdoor advertising;
``(ii) historic preservation and
rehabilitation of historic transportation
facilities;
``(iii) vegetation management practices in
transportation rights-of-way to improve roadway
safety, prevent against invasive species,
facilitate wildfire control, and provide
erosion control; and
``(iv) archaeological activities relating to
impacts from implementation of a transportation
project eligible under this title.
``(F) Any environmental mitigation activity,
including pollution prevention and pollution abatement
activities and mitigation to address stormwater
management, control, and water pollution prevention or
abatement related to highway construction or due to
highway runoff, including activities described in
sections 328(a) and 329.
``(G) Projects and strategies to reduce vehicle-
caused wildlife mortality related to, or to restore and
maintain connectivity among terrestrial or aquatic
habitats affected by, a transportation facility
otherwise eligible for assistance under this
subsection.
``(H) The recreational trails program under section
206.
``(I) The safe routes to school program under section
211.
``(J) Activities in furtherance of a vulnerable road
user assessment described in section 148.
``(K) Any other projects or activities described in
section 101(a)(29) or section 213, as such sections
were in effect on the day before the date of enactment
of the FAST Act (Public Law 114-94).
``(4) Access to funds.--
``(A) In general.--A State, metropolitan planning
organization required to obligate funds in accordance
with paragraph (2)(A), or an entity required to
obligate funds in accordance with paragraph (2)(B)
shall develop a competitive process to allow eligible
entities to submit projects for funding that achieve
the objectives of this subsection. A metropolitan
planning organization for an area described in
subsection (d)(1)(A)(i) shall select projects under
such process in consultation with the relevant State.
``(B) Eligible entity defined.--In this paragraph,
the term `eligible entity' means--
``(i) a local government, including a county
or multi-county special district;
``(ii) a regional transportation authority;
``(iii) a transit agency;
``(iv) a natural resource or public land
agency;
``(v) a school district, local education
agency, or school;
``(vi) a tribal government;
``(vii) a metropolitan planning organization
that serves an urbanized area with a population
of 200,000 or fewer;
``(viii) a nonprofit organization carrying
out activities related to transportation;
``(ix) any other local or regional
governmental entity with responsibility for or
oversight of transportation or recreational
trails (other than a metropolitan planning
organization that serves an urbanized area with
a population of over 200,000 or a State agency)
that the State determines to be eligible,
consistent with the goals of this subsection;
and
``(x) a State, at the request of any entity
listed in clauses (i) through (ix).
``(5) Continuation of certain recreational trails projects.--
``(A) In general.--For each fiscal year, a State
shall--
``(i) obligate an amount of funds set aside
under this subsection equal to 175 percent of
the amount of the funds apportioned to the
State for fiscal year 2009 under section
104(h)(2), as in effect on the day before the
date of enactment of MAP-21, for projects
relating to recreational trails under section
206;
``(ii) return 1 percent of the funds
described in clause (i) to the Secretary for
the administration of such program; and
``(iii) comply with the provisions of the
administration of the recreational trails
program under section 206, including the use of
apportioned funds described in subsection
(d)(3)(A) of such section.
``(B) State flexibility.--A State may opt out of the
recreational trails program under this paragraph if the
Governor of the State notifies the Secretary not later
than 30 days prior to the date on which an
apportionment is made under section 104 for any fiscal
year.
``(6) Improving accessibility and efficiency.--
``(A) In general.--A State may use an amount equal to
not more than 5 percent of the funds set aside for the
State under this subsection, after allocating funds in
accordance with paragraph (2)(A), to improve the
ability of applicants to access funding for projects
under this subsection in an efficient and expeditious
manner by providing--
``(i) to applicants for projects under this
subsection application assistance, technical
assistance, and assistance in reducing the
period of time between the selection of the
project and the obligation of funds for the
project; and
``(ii) funding for 1 or more full-time State
employee positions to administer this
subsection.
``(B) Use of funds.--Amounts used under subparagraph
(A) may be expended--
``(i) directly by the State; or
``(ii) through contracts with State agencies,
private entities, or nonprofit entities.
``(7) Federal share.--
``(A) Flexible match.--
``(i) In general.--Notwithstanding section
120--
``(I) the non-Federal share for a
project under this subsection may be
calculated on a project, multiple-
project, or program basis; and
``(II) the Federal share of the cost
of an individual project in this
subsection may be up to 100 percent.
``(ii) Aggregate non-federal share.--The
average annual non-Federal share of the total
cost of all projects for which funds are
obligated under this subsection in a State for
a fiscal year shall be not less than the non-
Federal share authorized for the State under
section 120(b).
``(iii) Requirement.--This subparagraph shall
only apply to a State if such State has
adequate financial controls, as certified by
the Secretary, to account for the average
annual non-Federal share under this
subparagraph.
``(B) Safety projects.--Notwithstanding section 120,
funds made available to carry out section 148 may be
credited toward the non-Federal share of the costs of a
project under this subsection if the project--
``(i) is a project described in section
148(e)(1); and
``(ii) is consistent with the State strategic
highway safety plan (as defined in section
148(a)).
``(8) Flexibility.--
``(A) State authority.--
``(i) In general.--A State may use not more
than 50 percent of the funds set aside under
this subsection that are available for
obligation in any area of the State
(suballocated consistent with the requirements
of subsection (d)(1)(B)) for any purpose
eligible under subsection (b).
``(ii) Restriction.--Funds may be used as
described in clause (i) only if the State
demonstrates to the Secretary--
``(I) that the State held a
competition in compliance with the
requirements of this subsection in such
form as the Secretary determines
appropriate;
``(II) that the State offered
technical assistance to all eligible
entities and provided such assistance
upon request by an eligible entity; and
``(III) that there were not
sufficient suitable applications from
eligible entities to use the funds
described in clause (i).
``(B) MPO authority.--
``(i) In general.--A metropolitan planning
organization that represents an urbanized area
with a population of greater than 200,000 may
use not more than 50 percent of the funds set
aside under this subsection for an urbanized
area described in subsection (d)(1)(A)(i) for
any purpose eligible under subsection (b).
``(ii) Restriction.--Funds may be used as
described in clause (i) only if the Secretary
certifies that the metropolitan planning
organization--
``(I) held a competition in
compliance with the requirements of
this subsection in such form as the
Secretary determines appropriate; and
``(II) demonstrates that there were
not sufficient suitable applications
from eligible entities to use the funds
described in clause (i).
``(9) Annual reports.--
``(A) In general.--Each State or metropolitan
planning organization responsible for carrying out the
requirements of this subsection shall submit to the
Secretary an annual report that describes--
``(i) the number of project applications
received for each fiscal year, including--
``(I) the aggregate cost of the
projects for which applications are
received; and
``(II) the types of projects to be
carried out, expressed as percentages
of the total apportionment of the State
under this subsection; and
``(ii) the list of each project selected for
funding for each fiscal year, including
specifying the fiscal year for which the
project was selected, the fiscal year in which
the project is anticipated to be funded, the
recipient, the location, the type, and a brief
description.
``(B) Public availability.--The Secretary shall make
available to the public, in a user-friendly format on
the website of the Department of Transportation, a copy
of each annual report submitted under subparagraph
(A).''.
SEC. 1207. BRIDGE INVESTMENT.
(a) In General.--Section 144 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``National bridge and
tunnel inventory and inspection standards'' and inserting
``Bridges and tunnels'';
(2) in subsection (a)(1)(B) by striking ``deficient'';
(3) in subsection (b)(5) by striking ``structurally deficient
bridge'' and inserting ``bridge classified as in poor
condition'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2
years after the date of enactment of the MAP-21, each''
and inserting ``Each''; and
(B) by striking paragraph (4);
(5) in subsection (j)--
(A) in paragraph (2) by inserting ``, 124,'' after
``section 119'';
(B) in paragraph (3)(A) by inserting ``, 124,'' after
``section 119''; and
(C) in paragraph (5) by striking ``financial
characteristics'' and all that follows through the end
and inserting ``Federal share.''; and
(6) by adding at the end the following:
``(l) Highway Bridge Replacement and Rehabilitation.--
``(1) Goals.--The goals of this subsection shall be to--
``(A) support the achievement of a state of good
repair for the Nation's bridges;
``(B) improve the safety, efficiency, and reliability
of the movement of people and freight over bridges; and
``(C) improve the condition of bridges in the United
States by reducing--
``(i) the number of bridges--
``(I) in poor condition; or
``(II) in fair condition and at risk
of falling into poor condition;
``(ii) the total person miles traveled over
bridges--
``(I) in poor condition; or
``(II) in fair condition and at risk
of falling into poor condition;
``(iii) the number of bridges that--
``(I) do not meet current geometric
design standards; or
``(II) cannot meet the load and
traffic requirements typical of the
regional transportation network; and
``(iv) the total person miles traveled over
bridges that--
``(I) do not meet current geometric
design standards; or
``(II) cannot meet the load and
traffic requirements typical of the
regional transportation network.
``(2) Bridges on public roads.--
``(A) Minimum bridge investment.--Excluding the
amounts described in subparagraph (C), of the total
funds apportioned to a State under paragraphs (1) and
(2) of section 104(b) for fiscal years 2022 to 2025, a
State shall obligate not less than 20 percent for
projects described in subparagraph (E).
``(B) Program flexibility.--A State required to
obligate funds under subparagraph (A) may use any
combination of funds apportioned to a State under
paragraphs (1) and (2) of section 104(b).
``(C) Limitation.--Amounts described below may not be
used for the purposes of calculating or meeting the
minimum bridge investment requirement under
subparagraph (A)--
``(i) amounts described in section
133(d)(1)(A);
``(ii) amounts set aside under section
133(h); and
``(iii) amounts described in section 505(a).
``(D) Rule of construction.--Nothing in this section
shall be construed to prohibit the expenditure of funds
described in subparagraph (C) for bridge projects
eligible under such section.
``(E) Eligible projects.--Funds required to be
obligated in accordance with paragraph (2)(A) may be
obligated for projects or activities that--
``(i) are otherwise eligible under either
section 119 or section 133, as applicable;
``(ii) support the achievement of performance
targets of the State established under section
150 or provide support for the condition and
performance of bridges on public roads within
the State; and
``(iii) remove a bridge classified as in poor
condition in order to improve community
connectivity, or replace, reconstruct,
rehabilitate, preserve, or protect a bridge
included on the national bridge inventory
authorized by subsection (b), including
through--
``(I) seismic retrofits;
``(II) systematic preventive
maintenance;
``(III) installation of scour
countermeasures;
``(IV) the use of innovative
materials that extend the service life
of the bridge and reduce preservation
costs, as compared to conventionally
designed and constructed bridges;
``(V) the use of nontraditional
production techniques, including
factory prefabrication;
``(VI) painting for purposes of
bridge protection;
``(VII) application of calcium
magnesium acetate, sodium acetate/
formate, or other environmentally
acceptable, minimally corrosive anti-
icing and deicing compositions;
``(VIII) corrosion control;
``(IX) construction of protective
features (including natural
infrastructure) alone or in combination
with other activities eligible under
this paragraph to enhance resilience of
a bridge;
``(X) bridge security
countermeasures;
``(XI) impact protection measures for
bridges;
``(XII) inspection and evaluation of
bridges; and
``(XIII) training for bridge
inspectors consistent with subsection
(i).
``(F) Bundles of projects.--A State may use a bundle
of projects as described in subsection (j) to satisfy
the requirements of subparagraph (A), if each project
in the bundle is otherwise eligible under subparagraph
(E).
``(G) Flexibility.--The Secretary may, at the request
of a State, reduce the required obligation under
subparagraph (A) if--
``(i) the reduction is consistent with a
State's asset management plan for the National
Highway System;
``(ii) the reduction will not limit a State's
ability to meet its performance targets under
section 150 or to improve the condition and
performance of bridges on public roads within
the State; and
``(iii) the State demonstrates that it has
inadequate needs to justify the expenditure.
``(H) Bridge investment report.--The Secretary shall
annually publish on the website of the Department of
Transportation a bridge investment report that
includes--
``(i) the total Federal funding obligated for
bridge projects in the most recent fiscal year,
on a State-by-State basis and broken out by
Federal program;
``(ii) the total Federal funding obligated,
on a State-by-State basis and broken out by
Federal program, for bridge projects carried
out pursuant to the minimum bridge investment
requirements under subparagraph (A);
``(iii) the progress made by each State
toward meeting the minimum bridge investment
requirement under subparagraph (A) for such
State, both cumulatively and for the most
recent fiscal year;
``(iv) a summary of--
``(I) each request made under
subparagraph (G) by a State for a
reduction in the minimum bridge
investment requirement under
subparagraph (A); and
``(II) for each request described in
subclause (I) that is granted by the
Secretary--
``(aa) the percentage and
dollar amount of the reduction;
and
``(bb) an explanation of how
the State met each of the
criteria described in
subparagraph (G); and
``(v) a summary of--
``(I) each request made by a State
for a reduction in the obligation
requirements under section 133(f); and
``(II) for each request that is
granted by the Secretary--
``(aa) the percentage and
dollar amount of the reduction;
and
``(bb) an explanation of how
the Secretary made the
determination under section
133(f)(2)(B).
``(I) Off-system bridges.--A State may apply amounts
obligated under this subsection or section 133(f)(2)(A)
to the obligation requirements of both this subsection
and section 133(f).
``(J) NHS penalty.--A State may apply amounts
obligated under this subsection or section 119(f)(2) to
the obligation requirements of both this subsection and
section 119(f)(2).
``(K) Compliance.--If a State fails to satisfy the
requirements of subparagraph (A) by the end of fiscal
year 2025, the Secretary may subject the State to
appropriate program sanctions under section 1.36 of
title 23, Code of Federal Regulations (or successor
regulations).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
144 and inserting the following:
``144. Bridges and tunnels.''.
SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 147 of title 23, United States Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively.
SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) In General.--Section 148 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)--
(i) by striking ``only includes a project''
and inserting ``includes a project'';
(ii) in clause (xiii) by inserting ``,
including the development of a vulnerable road
user safety assessment or a vision zero plan
under section 1601 of the INVEST in America
Act'' after ``safety planning'';
(iii) by amending clause (xviii) to read as
follows:
``(xviii) Safe routes to school
infrastructure-related projects eligible under
section 211.'';
(iv) in clause (xxvi) by inserting ``or
leading pedestrian intervals'' after ``hybrid
beacons''; and
(v) by striking clause (xxviii) and inserting
the following:
``(xxviii) A pedestrian security feature
designed to slow or stop a motor vehicle.
``(xxix) Installation of infrastructure
improvements, including sidewalks, crosswalks,
signage, and bus stop shelters or protected
waiting areas.'';
(B) in paragraph (11)--
(i) in subparagraph (A)--
(I) in clause (ix) by striking
``and'' at the end;
(II) by redesignating clause (x) as
clause (xi); and
(III) by inserting after clause (ix)
the following:
``(x) State or local representatives of
educational agencies to address safe routes to
school and schoolbus safety; and'';
(ii) in subparagraph (E) by inserting
``Tribal,'' after ``State,'';
(iii) by redesignating subparagraphs (G),
(H), and (I) as subparagraphs (H), (I), and
(J), respectively; and
(iv) by inserting after subparagraph (F) the
following:
``(G) includes a vulnerable road user safety
assessment described under paragraph (16);'';
(C) by redesignating paragraphs (10), (11), and (12)
as paragraphs (12), (13), and (14), respectively;
(D) by inserting after paragraph (9) the following:
``(10) Safe system approach.--The term `safe system approach'
means a roadway design that emphasizes minimizing the risk of
injury or fatality to road users and that--
``(A) takes into consideration the possibility and
likelihood of human error;
``(B) accommodates human injury tolerance by taking
into consideration likely crash types, resulting impact
forces, and the human body's ability to withstand such
forces; and
``(C) takes into consideration vulnerable road users.
``(11) Specified safety project.--
``(A) In general.--The term `specified safety
project' means a project carried out for the purpose of
safety under any other section of this title that is
consistent with the State strategic highway safety
plan.
``(B) Inclusion.--The term `specified safety project'
includes a project that--
``(i) promotes public awareness and informs
the public regarding highway safety matters
(including safety for motorcyclists,
bicyclists, pedestrians, individuals with
disabilities, and other road users);
``(ii) facilitates enforcement of traffic
safety laws;
``(iii) provides infrastructure and
infrastructure-related equipment to support
emergency services;
``(iv) conducts safety-related research to
evaluate experimental safety countermeasures or
equipment; or
``(v) supports safe routes to school
noninfrastructure-related activities described
under section 211(e)(2).''; and
(E) by adding at the end the following:
``(15) Vulnerable road user.--The term `vulnerable road user'
means a nonmotorist--
``(A) with a fatality analysis reporting system
person attribute code that is included in the
definition of the term `number of non-motorized
fatalities' in section 490.205 of title 23, Code of
Federal Regulations (or successor regulation); or
``(B) described in the term `number of non-motorized
serious injuries' in such section.
``(16) Vulnerable road user safety assessment.--The term
`vulnerable road user safety assessment' means an assessment of
the safety performance of the State or a metropolitan planning
organization within the State with respect to vulnerable road
users and the plan of the State or metropolitan planning
organization to improve the safety of vulnerable road users
described in subsection (l).'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``(a)(11)'' and
inserting ``(a)(13)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi) by inserting ``,
consistent with the vulnerable road user safety
assessment'' after ``nonmotorized crashes'';
(ii) in subparagraph (B)(i)--
(I) by inserting ``, consistent with
a safe system approach,'' after
``identify'';
(II) by inserting ``excessive design
speeds and speed limits,'' after
``crossing needs,''; and
(III) by striking ``motorists
(including motorcyclists), bicyclists,
pedestrians, and other highway users''
and inserting ``road users''; and
(iii) in subparagraph (D)(iii) by striking
``motorists (including motorcyclists),
bicyclists, pedestrians, persons with
disabilities, and other highway users'' and
inserting ``road users'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``Not
later than 1 year after the date of enactment
of the MAP-21, the'' and inserting ``The''; and
(ii) in subparagraph (B)--
(I) in clause (iv) by inserting ``and
serious injury'' after ``fatality'';
(II) in clause (vii) by striking ``;
and'' and inserting a semicolon;
(III) by redesignating clause (viii)
as clause (ix); and
(IV) by inserting after clause (vii)
the following:
``(viii) the findings of a vulnerable road
user safety assessment of the State; and''; and
(B) in paragraph (2)(B)(i) by striking ``subsection
(a)(11)'' and inserting ``subsection (a)(13)'';
(4) in subsection (e)--
(A) in paragraph (1)(C) by striking ``, without
regard to whether the project is included in an
applicable State strategic highway safety plan''; and
(B) by adding at the end the following:
``(3) Flexible funding for specified safety projects.--
``(A) In general.--To advance the implementation of a
State strategic highway safety plan, a State may use
not more than 10 percent of the amounts apportioned to
the State under section 104(b)(3) for a fiscal year to
carry out specified safety projects.
``(B) Rule of statutory construction.--Nothing in
this paragraph shall be construed to require a State to
revise any State process, plan, or program in effect on
the date of enactment of this paragraph.
``(C) Effect of paragraph.--
``(i) Requirements.--A project funded under
this paragraph shall be subject to all
requirements under this section that apply to a
highway safety improvement project.
``(ii) Other apportioned programs.--
Subparagraph (A) shall not apply to amounts
that may be obligated for noninfrastructure
projects apportioned under any other paragraph
of section 104(b).'';
(5) in subsection (g)--
(A) by amending paragraph (1) to read as follows:
``(1) High-risk rural road safety.--
``(A) In general.--If a State determines that the
fatality rate on rural roads in such State for the most
recent 2-year period for which data are available
exceeds the median fatality rate for rural roads among
all States, that State shall be required to--
``(i) obligate over the 2 fiscal years
following the fiscal year in which such
determination is made for projects on high-risk
rural roads an amount not less than 7.5 percent
of the amounts apportioned to the State under
section 104(b)(3) for fiscal year 2020; and
``(ii) include, in the subsequent update to
the State strategic highway safety plan,
strategies to reduce the fatality rate.
``(B) Source of funds.--Any amounts obligated under
subparagraph (A) shall be from amounts described under
section 133(d)(1)(B).
``(C) Annual determination.--The determination
described under subparagraph (A) shall be made on an
annual basis.
``(D) Consultation.--In carrying out a project with
an amount obligated under subparagraph (A), a State
shall consult with, as applicable, local governments,
metropolitan planning organizations, and regional
transportation planning organizations.'';
(B) in paragraph (2)--
(i) in the heading by striking ``drivers''
and inserting ``road users''; and
(ii) by striking ``address the increases in''
and inserting ``reduce''; and
(C) by adding at the end the following:
``(3) Vulnerable road user safety.--
``(A) In general.--Beginning on the date of enactment
of the INVEST in America Act, if a State determines
that the number of vulnerable road user fatalities and
serious injuries per capita in such State over the most
recent 2-year period for which data are available
exceeds the median number of such fatalities and
serious injuries per capita among all States, that
State shall be required to obligate over the 2 fiscal
years following the fiscal year in which such
determination is made an amount that is not less than
50 percent of the amount set aside in such State under
section 133(h)(1) for fiscal year 2020, less any
amounts obligated by a metropolitan planning
organization in the State as required by subparagraph
(D), for--
``(i) in the first fiscal year--
``(I) performing the vulnerable user
safety assessment as prescribed by
subsection (l);
``(II) providing matching funds for
transportation alternatives safety
project as identified in section
133(h)(7)(B); and
``(III) projects eligible under
section 133(h)(3)(A), (B), (C), or (I);
and
``(ii) in each fiscal year thereafter, the
program of projects identified in subsection
(l)(2)(C).
``(B) Source of funds.--Any amounts obligated under
subparagraph (A) shall be from amounts described in
section 133(d)(1)(B).
``(C) Annual determination.--The determination
described under subparagraph (A) shall be made on an
annual basis.
``(D) Metropolitan planning area with excessive
fatalities and serious injuries per capita.--
``(i) Annual determination.--Beginning on the
date of enactment of the INVEST in America Act,
a metropolitan planning organization
representing an urbanized area with a
population greater than 200,000 shall annually
determine the number of vulnerable user road
fatalities and serious injuries per capita in
such area over the most recent 2-year period.
``(ii) Requirement to obligate funds.--If
such a metropolitan planning area organization
determines that the number of vulnerable user
road fatalities and serious injuries per capita
in such area over the most recent 2-year period
for which data are available exceeds the median
number of such fatalities and serious injuries
among all urbanized areas with a population of
over 200,000, then there shall be obligated
over the 2 fiscal years following the fiscal
year in which such determination is made an
amount that is not less than 50 percent of the
amount set aside for that urbanized area under
section 133(h)(2) for fiscal year 2020 for
projects identified in the program of projects
described in subsection (l)(7)(C).
``(E) Source of funds.--
``(i) Metropolitan planning organization in
state required to obligate funds.--For a
metropolitan planning organization in a State
required to obligate funds to vulnerable user
safety under subparagraph (A), the State shall
be required to obligate from such amounts
required to be obligated for vulnerable road
user safety under subparagraph (B) for projects
described in subsection (l)(7).
``(ii) Other metropolitan planning
organizations.--For a metropolitan planning
organization that is not located within a State
required to obligate funds to vulnerable user
safety under subparagraph (A), the State shall
be required to obligate from amounts
apportioned under section 104(b)(3) for
projects described in subsection (l)(7).'';
(6) in subsection (h)(1)(A) by inserting ``, including any
efforts to reduce vehicle speed'' after ``under this section'';
and
(7) by adding at the end the following:
``(l) Vulnerable Road User Safety Assessment.--
``(1) In general.--Not later than 1 year after date of
enactment of the INVEST in America Act, each State shall create
a vulnerable road user safety assessment.
``(2) Contents.--A vulnerable road user safety assessment
required under paragraph (1) shall include--
``(A) a description of the location within the State
of each vulnerable road user fatality and serious
injury and the design speed of the roadway at any such
location;
``(B) a description of any corridors identified by a
State, in coordination with local governments,
metropolitan planning organizations, and regional
transportation planning organizations that pose a high
risk of a vulnerable road user fatality or serious
injury and the design speeds of such corridors; and
``(C) a program of projects or strategies to reduce
safety risks to vulnerable road users in corridors
identified under subparagraph (B), in coordination with
local governments, metropolitan planning organizations,
and regional transportation planning organizations that
represent a high-risk area identified under
subparagraph (B).
``(3) Analysis.--In creating a vulnerable road user safety
assessment under this subsection, a State shall assess the last
5 years of available data.
``(4) Requirements.--In creating a vulnerable road user
safety assessment under this subsection, a State shall--
``(A) take into consideration a safe system approach;
and
``(B) coordinate with local governments, metropolitan
planning organizations, and regional transportation
planning organizations that represent a high-risk area
identified under paragraph (2)(B).
``(5) Update.--A State shall update a vulnerable road user
safety assessment on the same schedule as the State updates the
State strategic highway safety plan.
``(6) Transportation system access.--The program of projects
developed under paragraph (2)(C) may not degrade transportation
system access for vulnerable road users.''.
(b) Technical Amendment.--Section 148 of title 23, United States
Code, is amended--
(1) in the heading for subsection (a)(8) by striking ``Road
users'' and inserting ``Road user''; and
(2) in subsection (i)(2)(D) by striking ``safety safety'' and
inserting ``safety''.
(c) High-risk Rural Roads.--
(1) Study.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
update the study described in paragraph (1) of section 1112(b)
of MAP-21 (23 U.S.C. 148 note).
(2) Publication of report.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall publish on
the website of the Department of Transportation an updated
report of the report described in paragraph (2) of section
1112(b) of MAP-21 (23 U.S.C. 148 note).
(3) Best practices manual.--Not later than 180 days after the
date of submission of the report described in paragraph (2),
the Secretary shall update the best practices manual described
in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note).
SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
Section 149 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A)(ii) by striking ``subsection
(h)'' and inserting ``subsection (i)'';
(B) in paragraph (7) by inserting ``shared
micromobility (including bikesharing and shared scooter
systems),'' after ``carsharing,'';
(C) in paragraph (8)(B) by striking ``; or'' and
inserting a semicolon;
(D) in paragraph (9) by striking the period and
inserting ``; or''; and
(E) by adding at the end the following:
``(10) if the project or program mitigates seasonal or
temporary traffic congestion from long-haul travel or
tourism.'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in the heading by inserting ``, hydrogen
vehicle,'' after ``Electric vehicle'';
(ii) by inserting ``hydrogen or'' after
``charging stations or''; and
(iii) by inserting ``, hydrogen-powered,''
after ``battery powered''; and
(B) in paragraph (3) by inserting ``, and is
consistent with section 166'' after ``travel times'';
and
(3) by striking subsection (m) and inserting the following:
``(m) Operating Assistance.--
``(1) Projects.--A State may obligate funds apportioned under
section 104(b)(4) in an area of such State that is otherwise
eligible for obligations of such funds for operating costs
under chapter 53 of title 49 or on a system for which CMAQ
funding was made available, obligated, or expended in fiscal
year 2012, or, notwithstanding subsection (b), on a State-
supported Amtrak route with a cost-sharing agreement under
section 209 of the Passenger Rail Investment and Improvement
Act of 2008 or alternative cost allocation under section
24712(g)(3) of title 49.
``(2) Time limitation.--In determining the amount of time for
which a State may obligate funds under paragraph (1) for
operating assistance for an area of a State or on a system, the
Secretary shall allow such obligations to occur, in such area
or on such system--
``(A) with a time limitation of not less than 3
years; and
``(B) in the case of projects that demonstrate
continued net air quality benefits beyond 3 years, as
determined annually by the Secretary in consultation
with the Administrator of the Environmental Protection
Agency, with no imposed time limitation.''.
SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.
(a) Electric Vehicle Charging Stations.--Chapter 1 of title 23,
United States Code, is amended by inserting after section 154 the
following new section:
``Sec. 155. Electric vehicle charging stations
``(a) In General.--Any electric vehicle charging infrastructure
funded under this title shall be subject to the requirements of this
section.
``(b) Interoperability.--
``(1) In general.--Electric vehicle charging stations funded
under this title shall provide, at a minimum, two of the
following charging connector types at the location:
``(A) CCS.
``(B) CHAdeMO.
``(C) An alternative connector that meets applicable
industry safety standards
``(2) Savings clause.--Nothing in this subsection shall
prevent the use of charging types other than the connectors
described in paragraph (1) if, at a minimum, such connectors
meet applicable industry safety standards and are compatible
with a majority of electric vehicles in operation.
``(c) Open Access to Payment.--Electric vehicle charging stations
shall provide payment methods available to all members of the public to
ensure secure, convenient, and equal access and shall not be limited by
membership to a particular payment provider.
``(d) Treatment of Projects.--Notwithstanding any other provision of
law, any project to install electric vehicle charging infrastructure
shall be treated as if the project is located on a Federal-aid highway.
``(e) Certification.--The Secretary of Commerce shall certify that no
electric vehicle charging stations installed under this section use
minerals sourced or processed with 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.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 154 the following new item:
``155. Electric vehicle charging stations.''.
(c) Electric Vehicle Charging Signage.--The Secretary of
Transportation shall update the Manual on Uniform Traffic Control
Devices to--
(1) ensure uniformity in providing road users direction to
electric charging stations that are open to the public; and
(2) allow the use of Specific Service signs for electric
vehicle charging station providers.
(d) Agreements Relating to the Use and Access of Rights-of-way of the
Interstate System.--Section 111 of title 23, United States Code, is
amended by adding at the end the following:
``(f) Interstate System Rights-of Way.--
``(1) In general.--Notwithstanding subsections (a) or (b),
the Secretary shall permit, consistent with section 155, the
charging of electric vehicles on rights-of-way of the
Interstate System in--
``(A) a rest area; or
``(B) a fringe or corridor parking facility,
including a park and ride facility.
``(2) Savings clause.--Nothing in this subsection shall
permit commercial activities on rights-of-way of the Interstate
System, except as necessary for the charging of electric
vehicles in accordance with this subsection.''.
SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.
Section 167 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (6) by striking ``; and'' and
inserting a semicolon; and
(B) by striking paragraph (7) and inserting the
following:
``(7) to reduce the environmental impacts of freight movement
on the National Highway Freight Network, including--
``(A) greenhouse gas emissions;
``(B) local air pollution;
``(C) minimizing, capturing, or treating stormwater
runoff and addressing other adverse impacts to water
quality; and
``(D) wildlife habitat loss; and
``(8) to decrease any adverse impact of freight
transportation on communities located near freight facilities
or freight corridors.'';
(2) in subsection (e) by adding at the end the following:
``(3) Additional mileage.--Notwithstanding paragraph (2), a
State that has designated at least 90 percent of its maximum
mileage described in paragraph (2) may designate up to an
additional 150 miles of critical rural freight corridors.'';
(3) in subsection (f) by adding at the end the following:
``(5) Additional mileage.--Notwithstanding paragraph (4), a
State that has designated at least 90 percent of its maximum
mileage described in paragraph (4) may designate up to an
additional 75 miles of critical urban freight corridors under
paragraphs (1) and (2).'';
(4) in subsection (h) by striking ``Not later than'' and all
that follows through ``shall prepare'' and inserting ``As part
of the report required under section 503(b)(8), the
Administrator shall biennially prepare'';
(5) in subsection (i)--
(A) by striking paragraphs (2) and (3);
(B) by amending paragraph (4) to read as follows:
``(4) Freight planning.--Notwithstanding any other provision
of law, a State may not obligate funds apportioned to the State
under section 104(b)(5) unless the State has developed,
updated, or amended, as applicable, a freight plan in
accordance with section 70202 of title 49.'';
(C) in paragraph (5)--
(i) by striking subparagraph (B) and
inserting the following:
``(B) Limitation.--The Federal share of a project
described in subparagraph (C)(xxiii) shall fund only
elements of such project that provide public
benefits.''; and
(ii) in subparagraph (C)--
(I) in clause (iii) by inserting
``and freight management and operations
systems'' after ``freight
transportation systems''; and
(II) by amending clause (xxiii) to
read as follows:
``(xxiii) Freight intermodal or freight rail
projects, including--
``(I) projects within the boundaries
of public or private freight rail or
water facilities (including ports);
``(II) projects that provide surface
transportation infrastructure necessary
to facilitate direct intermodal
interchange, transfer, and access into
or out of the facility; and
``(III) any other surface
transportation project to improve the
flow of freight into or out of a
facility described in subclause (I) or
(II).'';
(D) in paragraph (6) by striking ``paragraph (5)''
and inserting ``paragraph (3)''; and
(E) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (2), (3), (4), and (5), respectively;
and
(6) in subsection (k)(1)(A)(ii) by striking ``ports-of
entry'' and inserting ``ports-of-entry''.
SEC. 1213. CARBON POLLUTION REDUCTION.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Carbon pollution reduction
``(a) Establishment.--The Secretary shall establish a carbon
pollution reduction program to support the reduction of greenhouse gas
emissions from the surface transportation system.
``(b) Eligible Projects.--A project is eligible for funding under
this section if such project--
``(1) is expected to yield a significant reduction in
greenhouse gas emissions from the surface transportation
system;
``(2) will help a State meet the greenhouse gas emissions
performance targets established under section 150(c)(7); and
``(3) is--
``(A) eligible for assistance under this title or
under chapter 53 of title 49; or
``(B) a capital project, as such term is defined in
section 22906 of title 49, to improve intercity rail
passenger transportation, provided that the project
will yield a significant reduction in single occupant
vehicle trips and improve mobility on public roads.
``(c) Guidance.--The Secretary shall issue guidance on methods of
determining the reduction of single occupant vehicle trips and
improvement of mobility on public roads as those factors relate to
intercity rail passenger transportation projects under subsection
(b)(4).
``(d) Operating Expenses.--A State may use not more than 10 percent
of the funds provided under section 104(b)(9) for the operating
expenses of public transportation and passenger rail transportation
projects.
``(e) Single-Occupancy Vehicle Highway Facilities.--None of the funds
provided under this section may be used for a project that will result
in the construction of new capacity available to single occupant
vehicles unless the project consists of a high occupancy vehicle
facility and is consistent with section 166.
``(f) Evaluation.--
``(1) In general.--The Secretary shall annually evaluate the
progress of each State in carrying out the program under this
section by comparing the percent change in carbon dioxide
emissions per capita on public roads in the State calculated
as--
``(A) the annual carbon dioxide emissions per capita
on public roads in the State for the most recent year
for which there is data; divided by
``(B) the average annual carbon dioxide emissions per
capita on public roads in the State in calendar years
2015 through 2019.
``(2) Measures.--In conducting the evaluation under paragraph
(1), the Secretary shall--
``(A) prior to the effective date of the greenhouse
gas performance measures under section 150(c)(7), use
such data as are available, which may include data on
motor fuels usage published by the Federal Highway
Administration and information on emissions factors or
coefficients published by the Energy Information
Administration of the Department of Energy; and
``(B) following the effective date of the greenhouse
gas performance measures under section 150(c)(7), use
such measures.
``(g) Progress Report.--The Secretary shall annually issue a carbon
pollution reduction progress report, to be made publicly available on
the website of the Department of Transportation, that includes--
``(1) the results of the evaluation under subsection (f) for
each State; and
``(2) a ranking of all the States by the criteria under
subsection (f), with the States that, for the year covered by
such report, have the largest percentage reduction in annual
carbon dioxide emissions per capita on public roads being
ranked the highest.
``(h) High-Performing States.--
``(1) Designation.--For purposes of this section, each State
that is 1 of the 15 highest ranked States, as determined under
subsection (g)(2), and that achieves a reduction in carbon
dioxide emissions per capita on public roads, as determined by
the evaluation in subsection (f), shall be designated as a
high-performing State for the following fiscal year.
``(2) Use of funds.--For each State that is designated as a
high-performing State under paragraph (1)--
``(A) notwithstanding section 120, the State may use
funds made available under this title to pay the non-
Federal share of a project under this section during
any year for which such State is designated as a high-
performing State; and
``(B) notwithstanding section 126, the State may
transfer up to 50 percent of funds apportioned under
section 104(b)(9) to the program under section
104(b)(2) in any year for which such State is
designated as a high-performing State.
``(3) Transfer.--For each State that is 1 of the 15 lowest
ranked States, as determined under subsection (g)(2), the
Secretary shall transfer 10 percent of the amount apportioned
to the State under section 104(b)(2) in the fiscal year
following the year in which the State is so ranked, not
including amounts set aside under section 133(d)(1)(A) and
under section 133(h) or 505(a), to the apportionment of the
State under section 104(b)(9).
``(4) Limitation.--The Secretary shall not conduct a transfer
under paragraph (3)--
``(A) until the first fiscal year following the
effective date of greenhouse gas performance measures
under section 150(c)(7); and
``(B) with respect to a State in any fiscal year
following the year in which such State achieves a
reduction in carbon dioxide emissions per capita on
public roads in such year as determined by the
evaluation under subsection (f).
``(i) Report.--Not later than 2 years after the date of enactment of
this section and periodically thereafter, the Secretary, in
consultation with the Administrator of the Environmental Protection
Agency, shall issue a report--
``(1) detailing, based on the best available science, what
types of projects eligible for assistance under this section
are expected to provide the most significant greenhouse gas
emissions reductions from the surface transportation sector;
and
``(2) detailing, based on the best available science, what
types of projects eligible for assistance under this section
are not expected to provide significant greenhouse gas
emissions reductions from the surface transportation sector.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following new
item:
``171. Carbon pollution reduction.''.
(c) Applicability.--Subsection (b)(2) of section 171 of title 23,
United States Code, as added by this section, shall apply to a State
beginning on the first fiscal year following the fiscal year in which
the State sets greenhouse gas performance targets under section 150(d)
of title 23, United States Code.
SEC. 1214. RECREATIONAL TRAILS.
Section 206 of title 23, United States Code, is amended by adding at
the end the following:
``(j) Use of Other Apportioned Funds.--Funds apportioned to a State
under section 104(b) that are obligated for recreational trails and
related projects shall be administered as if such funds were made
available for purposes described under this section.''.
SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 210 the following:
``Sec. 211. Safe routes to school program
``(a) Program.--The Secretary shall carry out a safe routes to school
program for the benefit of children in primary, middle, and high
schools.
``(b) Purposes.--The purposes of the program shall be--
``(1) to enable and encourage children, including those with
disabilities, to walk and bicycle to school;
``(2) to make bicycling and walking to school a safer and
more appealing transportation alternative, thereby encouraging
a healthy and active lifestyle from an early age; and
``(3) to facilitate the planning, development, and
implementation of projects and activities that will improve
safety and reduce traffic, fuel consumption, and air pollution
in the vicinity of schools.
``(c) Use of Funds.--Amounts apportioned to a State under paragraphs
(2) and (3) of section 104(b) may be used to carry out projects,
programs, and other activities under this section.
``(d) Eligible Entities.--Projects, programs, and activities funded
under this section may be carried out by eligible entities described
under section 133(h)(4)(B) that demonstrate an ability to meet the
requirements of this section.
``(e) Eligible Projects and Activities.--
``(1) Infrastructure-related projects.--
``(A) In general.--A State may obligate funds under
this section for the planning, design, and construction
of infrastructure-related projects that will
substantially improve the ability of students to walk
and bicycle to school, including sidewalk improvements,
traffic calming and speed reduction improvements,
pedestrian and bicycle crossing improvements, on-street
bicycle facilities, off-street bicycle and pedestrian
facilities, secure bicycle parking facilities, and
traffic diversion improvements in the vicinity of
schools.
``(B) Location of projects.--Infrastructure-related
projects under subparagraph (A) may be carried out on
any public road or any bicycle or pedestrian pathway or
trail in the vicinity of schools.
``(2) Noninfrastructure-related activities.--In addition to
projects described in paragraph (1), a State may obligate funds
under this section for noninfrastructure-related activities to
encourage walking and bicycling to school, including--
``(A) public awareness campaigns and outreach to
press and community leaders;
``(B) traffic education and enforcement in the
vicinity of schools;
``(C) student sessions on bicycle and pedestrian
safety, health, and environment;
``(D) programs that address personal safety; and
``(E) funding for training, volunteers, and managers
of safe routes to school programs.
``(3) Safe routes to school coordinator.--Each State
receiving an apportionment under paragraphs (2) and (3) of
section 104(b) shall use a sufficient amount of the
apportionment to fund a full-time position of coordinator of
the State's safe routes to school program.
``(4) Rural school district outreach.--A coordinator
described in paragraph (3) shall conduct outreach to ensure
that rural school districts in the State are aware of such
State's safe routes to school program and the funds authorized
by this section.
``(f) Federal Share.--The Federal share of the cost of a project,
program, or activity under this section shall be 100 percent.
``(g) Clearinghouse.--
``(1) In general.--The Secretary shall maintain a national
safe routes to school clearinghouse to--
``(A) develop information and educational programs on
safe routes to school; and
``(B) provide technical assistance and disseminate
techniques and strategies used for successful safe
routes to school programs.
``(2) Funding.--The Secretary shall carry out this subsection
using amounts authorized to be appropriated for administrative
expenses under section 104(a).
``(h) Treatment of Projects.--Notwithstanding any other provision of
law, projects carried out under this section shall be treated as
projects on a Federal-aid highway under chapter 1 of this title.
``(i) Definitions.--In this section, the following definitions apply:
``(1) In the vicinity of schools.--The term `in the vicinity
of schools' means, with respect to a school, the area within
bicycling and walking distance of the school (approximately 2
miles).
``(2) Primary, middle, and high schools.--The term `primary,
middle, and high schools' means schools providing education
from kindergarten through twelfth grade.''.
(b) Technical and Conforming Amendments.--
(1) Repeal.--Section 1404 of SAFETEA-LU (Public Law 109-59;
119 Stat. 1228-1230), and the item relating to such section in
the table of contents in section 1(b) of such Act, are
repealed.
(2) Analysis.--The analysis for chapter 2 of title 23, United
States Code, is amended by inserting after the item relating to
section 210 the following:
``211. Safe routes to school program.''.
SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
Section 217 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``104(b)(3)'' and inserting
``104(b)(4)''; and
(B) by striking ``a position'' and inserting ``at
least one full-time positions'';
(2) in subsection (e) by striking ``bicycles'' and inserting
``pedestrians or bicyclists'' each place such term appears; and
(3) in subsection (j) by striking paragraph (2) and inserting
the following:
``(2) Electric bicycle.--The term `electric bicycle' means
mean a bicycle equipped with fully operable pedals, a saddle or
seat for the rider, and an electric motor of less than 750
watts that can safely share a bicycle transportation facility
with other users of such facility and meets the requirements of
one of the following three classes:
``(A) Class 1 electric bicycle.--The term `class 1
electric bicycle' means an electric bicycle equipped
with a motor that provides assistance only when the
rider is pedaling, and that ceases to provide
assistance when the bicycle reaches the speed of 20
miles per hour.
``(B) Class 2 electric bicycle.--The term `class 2
electric bicycle' means an electric bicycle equipped
with a motor that may be used exclusively to propel the
bicycle, and that is not capable of providing
assistance when the bicycle reaches the speed of 20
miles per hour.
``(C) Class 3 electric bicycle.--The term `class 3
electric bicycle' means an electric bicycle equipped
with a motor that provides assistance only when the
rider is pedaling, and that ceases to provide
assistance when the bicycle reaches the speed of 28
miles per hour.''.
Subtitle C--Project-Level Investments
SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
(a) In General.--Section 117 of title 23, United States Code, is
amended to read as follows:
``Sec. 117. Projects of national and regional significance
``(a) Establishment.--The Secretary shall establish a projects of
national and regional significance program under which the Secretary
may make grants to, and establish multiyear grant agreements with,
eligible entities in accordance with this section.
``(b) Applications.--To be eligible for a grant under this section,
an eligible entity shall submit to the Secretary an application in such
form, in such manner, and containing such information as the Secretary
may require.
``(c) Grant Amounts and Project Costs.--
``(1) In general.--Each grant made under this section--
``(A) shall be in an amount that is at least
$25,000,000; and
``(B) shall be for a project that has eligible
project costs that are reasonably anticipated to equal
or exceed the lesser of--
``(i) $100,000,000; or
``(ii) in the case of a project--
``(I) located in 1 State or
territory, 30 percent of the amount
apportioned under this chapter to the
State or territory in the most recently
completed fiscal year; or
``(II) located in more than 1 State
or territory, 50 percent of the amount
apportioned under this chapter to the
participating State or territory with
the largest apportionment under this
chapter in the most recently completed
fiscal year.
``(2) Large projects.--For a project that has eligible
project costs that are reasonably anticipated to equal or
exceed $500,000,000, a grant made under this section--
``(A) shall be in an amount sufficient to fully fund
the project, or in the case of a public transportation
project, a minimum operable segment, in combination
with other funding sources, including non-Federal
financial commitment, identified in the application;
and
``(B) may be awarded pursuant to the process under
subsection (d), as necessary based on the amount of the
grant.
``(d) Multiyear Grant Agreements for Large Projects.--
``(1) In general.--A large project that receives a grant
under this section may be carried out through a multiyear grant
agreement in accordance with this subsection.
``(2) Requirements.--A multiyear grant agreement for a large
project shall--
``(A) establish the terms of participation by the
Federal Government in the project;
``(B) establish the amount of Federal financial
assistance for the project;
``(C) establish a schedule of anticipated Federal
obligations for the project that provides for
obligation of the full grant amount by not later than 4
fiscal years after the fiscal year in which the initial
amount is provided; and
``(D) determine the period of time for completing the
project, even if such period extends beyond the period
of an authorization.
``(3) Special rules.--
``(A) In general.--A multiyear grant agreement under
this subsection--
``(i) shall obligate an amount of available
budget authority specified in law; and
``(ii) may include a commitment, contingent
on amounts to be specified in law in advance
for commitments under this paragraph, to
obligate an additional amount from future
available budget authority specified in law.
``(B) Contingent commitment.--A contingent commitment
under this subsection is not an obligation of the
Federal Government under section 1501 of title 31.
``(C) Interest and other financing costs.--
``(i) In general.--Interest and other
financing costs of carrying out a part of the
project within a reasonable time shall be
considered a cost of carrying out the project
under a multiyear grant agreement, except that
eligible costs may not be more than the cost of
the most favorable financing terms reasonably
available for the project at the time of
borrowing.
``(ii) Certification.--The applicant shall
certify to the Secretary that the applicant has
shown reasonable diligence in seeking the most
favorable financing terms.
``(4) Advance payment.--An eligible entity carrying out a
large project under a multiyear grant agreement--
``(A) may use funds made available to the eligible
entity under this title or title 49 for eligible
project costs of the large project; and
``(B) shall be reimbursed, at the option of the
eligible entity, for such expenditures from the amount
made available under the multiyear grant agreement for
the project in that fiscal year or a subsequent fiscal
year.
``(e) Eligible Projects.--
``(1) In general.--The Secretary may make a grant under this
section only for a project that is a project eligible for
assistance under this title or chapter 53 of title 49 and is--
``(A) a bridge project carried out on the National
Highway System, or that is eligible to be carried out
under section 165;
``(B) a project to improve person throughput that
is--
``(i) a highway project carried out on the
National Highway System, or that is eligible to
be carried out under section 165;
``(ii) a public transportation project; or
``(iii) a capital project, as such term is
defined in section 22906 of title 49, to
improve intercity rail passenger
transportation; or
``(C) a project to improve freight throughput that
is--
``(i) a highway freight project carried out
on the National Highway Freight Network
established under section 167 or on the
National Highway System;
``(ii) a freight intermodal, freight rail, or
railway-highway grade crossing or grade
separation project; or
``(iii) within the boundaries of a public or
private freight rail, water (including ports),
or intermodal facility and that is a surface
transportation infrastructure project necessary
to facilitate direct intermodal interchange,
transfer, or access into or out of the
facility.
``(2) Limitation.--
``(A) Certain freight projects.--Projects described
in clauses (ii) and (iii) of paragraph (1)(C) may
receive a grant under this section only if--
``(i) the project will make a significant
improvement to the movement of freight on the
National Highway System; and
``(ii) the Federal share of the project funds
only elements of the project that provide
public benefits.
``(B) Certain projects for person throughput.--
Projects described in clauses (ii) and (iii) of
paragraph (1)(B) may receive a grant under this section
only if the project will make a significant improvement
in mobility on public roads.
``(f) Eligible Project Costs.--An eligible entity receiving a grant
under this section may use such grant for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements directly related to
improving system performance.
``(g) Project Requirements.--The Secretary may select a project
described under this section for funding under this section only if the
Secretary determines that the project--
``(1) generates significant regional or national economic,
mobility, safety, resilience, or environmental benefits;
``(2) is cost effective;
``(3) is based on the results of preliminary engineering;
``(4) has secured or will secure acceptable levels of non-
Federal financial commitments, including--
``(A) 1 or more stable and dependable sources of
funding and financing to construct, maintain, and
operate the project; and
``(B) contingency amounts to cover unanticipated cost
increases;
``(5) cannot be easily and efficiently completed without
additional Federal funding or financial assistance available to
the project sponsor, beyond existing Federal apportionments;
and
``(6) is reasonably expected to begin construction not later
than 18 months after the date of obligation of funds for the
project.
``(h) Merit Criteria and Considerations.--
``(1) Merit criteria.--In awarding a grant under this
section, the Secretary shall evaluate the following merit
criteria:
``(A) The extent to which the project supports
achieving a state of good repair.
``(B) The level of benefits the project is expected
to generate, including--
``(i) the costs avoided by the prevention of
closure or reduced use of the asset to be
improved by the project;
``(ii) reductions in maintenance costs over
the life of the asset;
``(iii) safety benefits, including the
reduction of accidents and related costs;
``(iv) improved person or freight throughput,
including congestion reduction and reliability
improvements;
``(v) national and regional economic
benefits;
``(vi) resilience benefits;
``(vii) environmental benefits, including
reduction in greenhouse gas emissions and air
quality benefits; and
``(viii) benefits to all users of the
project, including pedestrian, bicycle,
nonvehicular, railroad, and public
transportation users.
``(C) How the benefits compare to the costs of the
project.
``(D) The average number of people or volume of
freight, as applicable, supported by the project,
including visitors based on travel and tourism.
``(2) Additional considerations.--In awarding a grant under
this section, the Secretary shall also consider the following:
``(A) Whether the project serves low-income residents
of low-income communities, including areas of
persistent poverty, while not displacing such
residents.
``(B) Whether the project uses innovative
technologies, innovative design and construction
techniques, or pavement materials that demonstrate
reductions in greenhouse gas emissions through
sequestration or innovative manufacturing processes
and, if so, the degree to which such technologies,
techniques, or materials are used.
``(C) Whether the project improves connectivity
between modes of transportation moving people or goods
in the Nation or region.
``(D) Whether the project provides new or improved
connections between at least 2 metropolitan areas with
a population of at least 500,000.
``(i) Project Selection.--
``(1) Evaluation.--To evaluate applications for funding under
this section, the Secretary shall--
``(A) determine whether a project is eligible for a
grant under this section;
``(B) evaluate, through a methodology that is
discernible and transparent to the public, how each
application addresses the merit criteria pursuant to
subsection (h);
``(C) assign a quality rating for each merit criteria
for each application based on the evaluation in
subparagraph (B);
``(D) ensure that applications receive final
consideration by the Secretary to receive an award
under this section only on the basis of such quality
ratings and that the Secretary gives final
consideration only to applications that meet the
minimally acceptable level for each of the merit
criteria; and
``(E) award grants only to projects rated highly
under the evaluation and rating process.
``(2) Considerations for large projects.--In awarding a grant
for a large project, the Secretary shall--
``(A) consider the amount of funds available in
future fiscal years for the program under this section;
and
``(B) assume the availability of funds in future
fiscal years for the program that extend beyond the
period of authorization based on the amount made
available for the program in the last fiscal year of
the period of authorization.
``(3) Geographic distribution.--In awarding grants under this
section, the Secretary shall ensure geographic diversity and a
balance between rural and urban communities among grant
recipients over fiscal years 2022 through 2025.
``(4) Publication of methodology.--
``(A) In general.--Prior to the issuance of any
notice of funding opportunity for grants under this
section, the Secretary shall publish and make publicly
available on the Department's website--
``(i) a detailed explanation of the merit
criteria developed under subsection (h);
``(ii) a description of the evaluation
process under this subsection; and
``(iii) how the Secretary shall determine
whether a project satisfies each of the
requirements under subsection (g).
``(B) Updates.--The Secretary shall update and make
publicly available on the website of the Department of
Transportation such information at any time a revision
to the information described in subparagraph (A) is
made.
``(C) Information required.--The Secretary shall
include in the published notice of funding opportunity
for a grant under this section detailed information on
the rating methodology and merit criteria to be used to
evaluate applications, or a reference to the
information on the website of the Department of
Transportation, as required by subparagraph (A).
``(j) Federal Share.--
``(1) In general.--The Federal share of the cost of a project
carried out with a grant under this section may not exceed 60
percent.
``(2) Maximum federal involvement.--Federal assistance other
than a grant under this section may be used to satisfy the non-
Federal share of the cost of a project for which such a grant
is made, except that the total Federal assistance provided for
a project receiving a grant under this section may not exceed
80 percent of the total project cost.
``(k) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway
project;
``(B) the requirements of chapter 53 of title 49 to a
public transportation project; and
``(C) the requirements of section 22905 of title 49
to a passenger rail or freight rail project.
``(2) Multimodal projects.--
``(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
``(i) determine the predominant modal
component of the project; and
``(ii) apply the applicable requirements of
such predominant modal component to the
project.
``(B) Exceptions.--
``(i) Passenger or freight rail component.--
For any passenger or freight rail component of
a project, the requirements of section
22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--For
any public transportation component of a
project, the requirements of section 5333 of
title 49 shall apply.
``(C) Buy america.--In applying the Buy American
requirements under section 313 of this title and
sections 5320, 22905(a), and 24305(f) of title 49 to a
multimodal project under this paragraph, the Secretary
shall--
``(i) consider the various modal components
of the project; and
``(ii) seek to maximize domestic jobs.
``(3) Federal-aid highway requirements.--Notwithstanding any
other provision of this subsection, the Secretary shall require
recipients of grants under this section to comply with
subsection (a) of section 113 with respect to public
transportation projects, passenger rail projects, and freight
rail projects, in the same manner that recipients of grants are
required to comply with such subsection for construction work
performed on highway projects on Federal-aid highways.
``(l) TIFIA Program.--At the request of an eligible entity under this
section, the Secretary may use amounts awarded to the entity to pay
subsidy and administrative costs necessary to provide the entity
Federal credit assistance under chapter 6 with respect to the project
for which the grant was awarded.
``(m) Administration.--Of the amounts made available to carry out
this section, the Secretary may use up to $5,000,000 for the costs of
administering the program under this section.
``(n) Technical Assistance.--Of the amounts made available to carry
out this section, the Secretary may reserve up to $5,000,000 to provide
technical assistance to eligible entities.
``(o) Congressional Review.--
``(1) Notification.--Not less than 60 days before making an
award under this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works, the Committee on Banking, Housing, and Urban Affairs,
and the Committee on Commerce, Science, and Transportation of
the Senate--
``(A) a list of all applications determined to be
eligible for a grant by the Secretary;
``(B) the quality ratings assigned to each
application pursuant to subsection (i);
``(C) a list of applications that received final
consideration by the Secretary to receive an award
under this section;
``(D) each application proposed to be selected for a
grant award;
``(E) proposed grant amounts, including for each new
multiyear grant agreement, the proposed payout schedule
for the project; and
``(F) an analysis of the impacts of any large
projects proposed to be selected on existing
commitments and anticipated funding levels for the next
4 fiscal years, based on information available to the
Secretary at the time of the report.
``(2) Committee review.--Before the last day of the 60-day
period described in paragraph (1), each Committee described in
paragraph (1) shall review the Secretary's list of proposed
projects.
``(3) Congressional disapproval.--The Secretary may not make
a grant or any other obligation or commitment to fund a project
under this section if a joint resolution is enacted
disapproving funding for the project before the last day of the
60-day period described in paragraph (1).
``(p) Transparency.--
``(1) In general.--Not later than 30 days after awarding a
grant for a project under this section, the Secretary shall
send to all applicants, and publish on the website of the
Department of Transportation--
``(A) a summary of each application made to the
program for the grant application period; and
``(B) the evaluation and justification for the
project selection, including ratings assigned to all
applications and a list of applications that received
final consideration by the Secretary to receive an
award under this section, for the grant application
period.
``(2) Briefing.--The Secretary shall provide, at the request
of a grant applicant under this section, the opportunity to
receive a briefing to explain any reasons the grant applicant
was not awarded a grant.
``(q) Definitions.--In this section:
``(1) Areas of persistent poverty.--The term `areas of
persistent poverty' has the meaning given such term in section
172(l).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State or a group of States;
``(B) a unit of local government, including a
metropolitan planning organization, or a group of local
governments;
``(C) a political subdivision of a State or local
government;
``(D) a special purpose district or public authority
with a transportation function, including a port
authority;
``(E) a Tribal government or a consortium of Tribal
governments;
``(F) a Federal agency eligible to receive funds
under section 201, 203, or 204 that applies jointly
with a State or group of States;
``(G) a territory; and
``(H) a multistate or multijurisdictional group of
entities described in this paragraph.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
117 and inserting the following:
``117. Projects of national and regional significance.''.
SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT GRANT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, as
amended by this title, is further amended by adding at the end the
following:
``Sec. 173. Community transportation investment grant program
``(a) Establishment.--The Secretary shall establish a community
transportation investment grant program to improve surface
transportation safety, state of good repair, accessibility, and
environmental quality through infrastructure investments.
``(b) Grant Authority.--
``(1) In general.--In carrying out the program established
under subsection (a), the Secretary shall make grants, on a
competitive basis, to eligible entities in accordance with this
section.
``(2) Grant amount.--The maximum amount of a grant under this
section shall be $25,000,000.
``(c) Applications.--To be eligible for a grant under this section,
an eligible entity shall submit to the Secretary an application in such
form, at such time, and containing such information as the Secretary
may require.
``(d) Eligible Project Costs.--Grant amounts for an eligible project
carried out under this section may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to such land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
``(e) Rural and Community Setasides.--
``(1) In general.--The Secretary shall reserve--
``(A) not less than 25 percent of the amounts made
available to carry out this section for projects
located in rural areas; and
``(B) not less than 25 percent of the amounts made
available to carry out this section for projects
located in urbanized areas with a population greater
than 49,999 individuals and fewer than 200,001
individuals.
``(2) Definition of rural area.--In this subsection, the term
`rural area' means all areas of a State or territory not
included in urbanized areas.
``(3) Excess funding.--If the Secretary determines that there
are insufficient qualified applicants to use the funds set
aside under this subsection, the Secretary may use such funds
for grants for any projects eligible under this section.
``(f) Evaluation.--To evaluate applications under this section, the
Secretary shall--
``(1) develop a process to objectively evaluate applications
on the benefits of the project proposed in such application--
``(A) to transportation safety, including reductions
in traffic fatalities and serious injuries;
``(B) to state of good repair, including improved
condition of bridges and pavements;
``(C) to transportation system access, including
improved access to jobs and services; and
``(D) in reducing greenhouse gas emissions;
``(2) develop a rating system to assign a numeric value to
each application, based on each of the criteria described in
paragraph (1);
``(3) for each application submitted, compare the total
benefits of the proposed project, as determined by the rating
system developed under paragraph (2), with the costs of such
project, and rank each application based on the results of the
comparison; and
``(4) ensure that only such applications that are ranked
highly based on the results of the comparison conducted under
paragraph (3) are considered to receive a grant under this
section.
``(g) Weighting.--In establishing the evaluation process under
subsection (f), the Secretary may assign different weights to the
criteria described in subsection (f)(1) based on project type,
population served by a project, and other context-sensitive
considerations, provided that--
``(1) each application is rated on all criteria described in
subsection (f)(1); and
``(2) each application has the same possible minimum and
maximum rating, regardless of any differences in the weighting
of criteria.
``(h) Transparency.--
``(1) Publicly available information.--Prior to the issuance
of any notice of funding opportunity under this section, the
Secretary shall make publicly available on the website of the
Department of Transportation a detailed explanation of the
evaluation and rating process developed under subsection (f),
including any differences in the weighting of criteria pursuant
to subsection (g), if applicable, and update such website for
each revision of the evaluation and rating process.
``(2) Notifications to congress.--The Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives, the Committee on Environment and
Public Works of the Senate, the Committee on Banking, Housing,
and Urban Affairs of the Senate, and the Committee on Commerce,
Science, and Transportation of the Senate the following written
notifications:
``(A) A notification when the Secretary publishes or
updates the information required under paragraph (1).
``(B) Not later than 30 days prior to the date on
which the Secretary awards a grant under this section,
a notification that includes--
``(i) the ratings of each application
submitted pursuant to subsection (f)(2);
``(ii) the ranking of each application
submitted pursuant to subsection (f)(3); and
``(iii) a list of all applications that
receive final consideration by the Secretary to
receive an award under this section pursuant to
subsection (f)(4).
``(C) Not later than 3 business days prior to the
date on which the Secretary announces the award of a
grant under this section, a notification describing
each grant to be awarded, including the amount and the
recipient.
``(i) Technical Assistance.--Of the amounts made available to carry
out this section, the Secretary may reserve up to $3,000,000 to provide
technical assistance to eligible entities.
``(j) Administration.--Of the amounts made available to carry out
this section, the Secretary may reserve up to $5,000,000 for the
administrative costs of carrying out the program under this section.
``(k) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway
project;
``(B) the requirements of chapter 53 of title 49 to a
public transportation project; and
``(C) the requirements of section 22905 of title 49
to a passenger rail or freight rail project.
``(2) Multimodal projects.--
``(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
``(i) determine the predominant modal
component of the project; and
``(ii) apply the applicable requirements of
such predominant modal component to the
project.
``(B) Exceptions.--
``(i) Passenger or freight rail component.--
For any passenger or freight rail component of
a project, the requirements of section
22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--For
any public transportation component of a
project, the requirements of section 5333 of
title 49 shall apply.
``(C) Buy america.--In applying the Buy American
requirements under section 313 of this title and
sections 5320, 22905(a), and 24305(f) of title 49 to a
multimodal project under this paragraph, the Secretary
shall--
``(i) consider the various modal components
of the project; and
``(ii) seek to maximize domestic jobs.
``(3) Federal-aid highway requirements.--Notwithstanding any
other provision of this subsection, the Secretary shall require
recipients of grants under this section to comply with
subsection (a) of section 113 with respect to public
transportation projects, passenger rail projects, and freight
rail projects, in the same manner that recipients of grants are
required to comply with such subsection for construction work
performed on highway projects on Federal-aid highways.
``(l) Transparency.--
``(1) In general.--Not later than 30 days after awarding a
grant for a project under this section, the Secretary shall
send to all applicants, and publish on the website of the
Department of Transportation--
``(A) a summary of each application made to the
program for the grant application period; and
``(B) the evaluation and justification for the
project selection, including ratings and rankings
assigned to all applications and a list of applications
that received final consideration by the Secretary to
receive an award under this section, for the grant
application period.
``(2) Briefing.--The Secretary shall provide, at the request
of a grant applicant under this section, the opportunity to
receive a briefing to explain any reasons the grant applicant
was not awarded a grant.
``(m) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a metropolitan planning organization;
``(B) a unit of local government;
``(C) a transit agency;
``(D) a Tribal Government or a consortium of Tribal
governments;
``(E) a multijurisdictional group of entities
described in this paragraph;
``(F) a special purpose district with a
transportation function or a port authority;
``(G) a territory; or
``(H) a State that applies for a grant under this
section jointly with an entity described in
subparagraphs (A) through (G).
``(2) Eligible project.--The term `eligible project' means
any project eligible under this title or chapter 53 of title
49.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is further amended by adding at the end the
following new item:
``173. Community transportation investment grant program.''.
SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE TO MODERNIZE
AND RECONNECT AMERICA FOR THE 21ST CENTURY.
(a) Purpose.--The purpose of this section is to establish a grant
program to strategically deploy electric vehicle charging
infrastructure, natural gas fueling, propane fueling, and hydrogen
fueling infrastructure along designated alternative fuel corridors that
will be accessible to all drivers of electric vehicles, natural gas
vehicles, propane vehicles, and hydrogen vehicles.
(b) Grant Program.--Section 151 of title 23, United States Code, is
amended--
(1) in subsection (a) by striking ``Not later than 1 year
after the date of enactment of the FAST Act, the Secretary
shall'' and inserting ``The Secretary shall periodically'';
(2) in subsection (b)(2) by inserting ``previously designated
by the Federal Highway Administration or'' after ``fueling
corridors'';
(3) in subsection (d)--
(A) by striking ``5 years after the date of
establishment of the corridors under subsection (a),
and every 5 years thereafter'' and inserting ``180 days
after the date of enactment of the INVEST in America
Act''; and
(B) by inserting ``establish a recurring process to
regularly'' after ``the Secretary shall'';
(4) in subsection (e)--
(A) in paragraph (1) by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (2)--
(i) by striking ``establishes an aspirational
goal of achieving'' and inserting ``describes
efforts to achieve''; and
(ii) by striking ``by the end of fiscal year
2020.'' and inserting a semicolon; and
(C) by adding at the end the following:
``(3) summarizes best practices and provides guidance,
developed through consultation with the Secretary of Energy,
for project development of electric vehicle charging
infrastructure, hydrogen fueling infrastructure, and natural
gas fueling infrastructure at the State, tribal, and local
level to allow for the predictable deployment of such
infrastructure; and
``(4) summarizes the progress and implementation of the grant
program under subsection (f), including--
``(A) a description of how funds awarded through the
grant program under subsection (f) will aid efforts to
achieve strategic deployment of electric vehicle
charging infrastructure, natural gas fueling, propane
fueling, and hydrogen fueling infrastructure in those
corridors;
``(B) the total number and location of charging and
fueling stations installed under subsection (f); and
``(C) the total estimated greenhouse gas emissions
that have been reduced through the use of electric
vehicle charging, natural gas fueling, propane fueling,
or hydrogen fueling infrastructure funded under
subsection (f) using the methodology identified in
paragraph (3)(B).''; and
(5) by adding at the end the following:
``(f) Electric Vehicle Charging, Natural Gas Fueling, Propane
Fueling, and Hydrogen Fueling Infrastructure Grants.--
``(1) Establishment.--Not later than 1 year after the date of
enactment of the INVEST in America Act, the Secretary shall
establish a grant program to award grants to eligible entities
for electric vehicle charging, natural gas fueling, propane
fueling, and hydrogen fueling infrastructure projects.
``(2) Eligible entity.--An entity eligible to receive a grant
under this subsection is--
``(A) a State (as such term is defined in section
401) or political subdivision of a State;
``(B) a metropolitan planning organization;
``(C) a unit of local government;
``(D) a special purpose district or public authority
with a transportation function, including a port
authority;
``(E) a Tribal government;
``(F) an authority, agency, or instrumentality of, or
an entity owned by, 1 or more of the entities described
in subparagraphs (A) through (E); or
``(G) a group of entities described in subparagraphs
(A) through (F).
``(3) Application.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary shall require,
including--
``(A) a description of--
``(i) the public accessibility of the
charging or fueling infrastructure proposed to
be funded with a grant under this subsection,
including--
``(I) charging or fueling connector
types;
``(II) publicly available information
on real-time availability; and
``(III) payment methods available to
all members of the public to ensure
secure, convenient, fair, and equal
access and not limited by membership to
a particular provider;
``(ii) collaborative engagement with the
entity with jurisdiction over the roadway and
any other relevant stakeholders (including
automobile manufacturers, utilities,
infrastructure providers, technology providers,
electric charging, natural gas, propane, and
hydrogen fuel providers, metropolitan planning
organizations, States, Indian Tribes, units of
local government, fleet owners, fleet managers,
fuel station owners and operators, labor
organizations, infrastructure construction and
component parts suppliers, and multistate and
regional entities)--
``(I) to foster enhanced,
coordinated, public-private or private
investment in electric vehicle
charging, natural gas fueling, propane
fueling, and hydrogen fueling
infrastructure;
``(II) to expand deployment of
electric vehicle charging, natural gas
fueling, propane fueling, or hydrogen
fueling infrastructure;
``(III) to protect personal privacy
and ensure cybersecurity; and
``(IV) to ensure that a properly
trained workforce is available to
construct and install electric vehicle
charging, natural gas fueling, propane
fueling, or hydrogen fueling
infrastructure;
``(iii) the location of the station or
fueling site, including consideration of--
``(I) the availability of onsite
amenities for vehicle operators,
including restrooms or food facilities;
``(II) access in compliance with the
Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.);
``(III) height and fueling capacity
requirements for facilities that charge
or refuel large vehicles, including
semitrailer trucks; and
``(IV) appropriate distribution to
avoid redundancy and fill charging or
fueling gaps;
``(iv) infrastructure installation that can
be responsive to technology advancements,
including accommodating autonomous vehicles and
future charging methods;
``(v) the long-term operation and maintenance
of the electric vehicle charging or hydrogen
fueling infrastructure to avoid stranded assets
and protect the investment of public funds in
such infrastructure; and
``(vi) in the case of an applicant that is
not a State department of transportation, the
degree of coordination with the applicable
State department of transportation; and
``(B) an assessment of the estimated greenhouse gas
emissions and air pollution from vehicle emissions that
will be reduced through the use of electric vehicle
charging, natural gas fueling, propane fueling, or
hydrogen fueling infrastructure, which shall be
conducted using one standardized methodology or tool as
determined by the Secretary.
``(4) Considerations.--In selecting eligible entities to
receive a grant under this subsection, the Secretary shall--
``(A) consider the extent to which the application of
the eligible entity would--
``(i) reduce estimated greenhouse gas
emissions and air pollution from vehicle
emissions, weighted by the total Federal
investment in the project;
``(ii) improve alternative fueling corridor
networks by--
``(I) converting corridor-pending
corridors to corridor-ready corridors;
or
``(II) in the case of corridor-ready
corridors, providing additional
capacity--
``(aa) to meet excess demand
for charging or fueling
infrastructure; or
``(bb) to reduce congestion
at existing charging or fueling
infrastructure in high-traffic
locations;
``(iii) meet current or anticipated market
demands for charging or fueling infrastructure;
``(iv) enable or accelerate the construction
of charging or fueling infrastructure that
would be unlikely to be completed without
Federal assistance;
``(v) support a long-term competitive market
for electric vehicle charging infrastructure,
natural gas fueling, propane fueling, or
hydrogen fueling infrastructure that does not
significantly impair existing electric vehicle
charging or hydrogen fueling infrastructure
providers; and
``(vi) reducing greenhouse gas emissions in
established goods-movement corridors, locations
serving first- and last-mile freight near ports
and freight hubs, and locations that optimize
infrastructure networks and reduce hazardous
air pollutants in communities
disproportionately impacted by such pollutants;
and
``(B) ensure, to the maximum extent practicable,
geographic diversity among grant recipients to ensure
that electric vehicle charging infrastructure or
hydrogen fueling infrastructure is available throughout
the United States.
``(5) Use of funds.--
``(A) In general.--Any grant made under this
subsection shall be--
``(i) directly related to the charging or
fueling of a vehicle; and
``(ii) only for charging or fueling
infrastructure that is open to the general
public.
``(B) Location of infrastructure.--
``(i) In general.--Any electric vehicle
charging, natural gas fueling, propane fueling,
or hydrogen fueling infrastructure acquired and
installed with a grant under this subsection
shall be located along an alternative fuel
corridor designated under this section or by a
State or group of States.
``(ii) Exception.--Notwithstanding clause
(i), the Secretary may make a grant for
electric vehicle charging or hydrogen fueling
infrastructure not on a designated alternative
fuel corridor if the applicant demonstrates
that the proposed charging or fueling
infrastructure would expand deployment of
electric vehicle charging or hydrogen fueling
to a greater number of users than investments
on such corridor.
``(C) Operating assistance.--
``(i) In general.--Subject to clauses (ii)
and (iii), an eligible entity that receives a
grant under this subsection may use a portion
of the funds for operating assistance for the
first 5 years of operations after the
installation of electric vehicle charging,
natural gas fueling, propane fueling, or
hydrogen fueling infrastructure while the
facility transitions to independent system
operations.
``(ii) Inclusion.--Operating assistance under
this subparagraph shall be limited to costs
allocable to operating and maintaining the
electric vehicle charging, natural gas fueling,
propane fueling, or hydrogen fueling
infrastructure and service.
``(iii) Limitation.--Operating assistance
under this subparagraph may not exceed the
amount of a contract under subparagraph (A) to
acquire and install electric vehicle charging,
natural gas fueling, propane fueling, or
hydrogen fueling infrastructure.
``(D) Signs.--
``(i) In general.--Subject to this paragraph
and paragraph (6)(B), an eligible entity that
receives a grant under this subsection may use
a portion of the funds to acquire and install--
``(I) traffic control devices located
in the right-of-way to provide
directional information to electric
vehicle charging, natural gas fueling,
propane fueling, or hydrogen fueling
infrastructure acquired, installed, or
operated with the grant under this
subsection; and
``(II) on-premises signs to provide
information about electric vehicle
charging, natural gas fueling, propane
fueling, or hydrogen fueling
infrastructure acquired, installed, or
operated with a grant under this
subsection.
``(ii) Requirement.--Any traffic control
device or on-premises sign acquired, installed,
or operated with a grant under this subsection
shall comply with the Manual on Uniform Traffic
Control Devices, if located in the highway
right-of-way.
``(E) Revenue.--An eligible entity receiving a grant
under this subsection and a private entity referred to
in subparagraph (F) may enter into a cost-sharing
agreement under which the private entity submits to the
eligible entity a portion of the revenue from the
electric vehicle charging, natural gas fueling, propane
fueling, or hydrogen fueling infrastructure.
``(F) Private entity.--
``(i) In general.--An eligible entity
receiving a grant under this subsection may use
the funds in accordance with this paragraph to
contract with a private entity for
installation, operation, or maintenance of
electric vehicle charging, natural gas fueling,
propane fueling, or hydrogen fueling
infrastructure.
``(ii) Inclusion.--An eligible private entity
includes privately, publicly, or cooperatively
owned utilities, private electric vehicle
service equipment and hydrogen fueling
infrastructure providers, and retail fuel
stations.
``(6) Project requirements.--
``(A) In general.--Notwithstanding any other
provision of law, any project funded by a grant under
this subsection shall be treated as a project on a
Federal-aid highway.
``(B) Electric vehicle charging projects.--A project
for electric vehicle charging infrastructure funded by
a grant under this subsection shall be subject to the
requirements of section 155.
``(7) Federal share.--The Federal share of the cost of a
project carried out with a grant under this subsection shall
not exceed 80 percent of the total project cost.
``(8) Certification.--The Secretary of Commerce shall certify
that no projects carried out under this subsection use minerals
sourced or processed with 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. 1304. COMMUNITY CLIMATE INNOVATION GRANTS.
(a) In General.--Chapter 1 of title 23, United States Code, as
amended by this title, is further amended by inserting after section
171 the following:
``Sec. 172. Community climate innovation grants
``(a) Establishment.--The Secretary shall establish a community
climate innovation grant program (in this section referred to as the
`Program') to make grants, on a competitive basis, for locally selected
projects that reduce greenhouse gas emissions while improving the
mobility, accessibility, and connectivity of the surface transportation
system.
``(b) Purpose.--The purpose of the Program shall be to support
communities in reducing greenhouse gas emissions from the surface
transportation system.
``(c) Eligible Applicants.--The Secretary may make grants under the
Program to the following entities:
``(1) A metropolitan planning organization.
``(2) A unit of local government or a group of local
governments, or a county or multi-county special district.
``(3) A subdivision of a local government.
``(4) A transit agency.
``(5) A special purpose district with a transportation
function or a port authority.
``(6) A Tribal government or a consortium of tribal
governments.
``(7) A territory.
``(8) A multijurisdictional group of entities described in
paragraphs (1) through (7).
``(d) Applications.--To be eligible for a grant under the Program, an
entity specified in subsection (c) shall submit to the Secretary an
application in such form, at such time, and containing such information
as the Secretary determines appropriate.
``(e) Eligible Projects.--The Secretary may only provide a grant
under the Program for a project that is expected to yield a significant
reduction in greenhouse gas emissions from the surface transportation
system and--
``(1) is a project eligible for assistance under this title
or under chapter 53 of title 49 or supports fueling
infrastructure for fuels defined under section 9001(5) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8101(5)); or
``(2) is a capital project as defined in section 22906 of
title 49 to improve intercity passenger rail that will yield a
significant reduction in single occupant vehicle trips and
improve mobility on public roads.
``(f) Eligible Uses.--Grant amounts received for a project under the
Program may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
``(g) Project Prioritization.--In making grants for projects under
the Program, the Secretary shall give priority to projects that are
expected to yield the most significant reductions in greenhouse gas
emissions from the surface transportation system.
``(h) Additional Considerations.--In making grants for projects under
the Program, the Secretary shall consider the extent to which--
``(1) a project maximizes greenhouse gas reductions in a
cost-effective manner;
``(2) a project reduces dependence on single-occupant vehicle
trips or provides additional transportation options;
``(3) a project improves the connectivity and accessibility
of the surface transportation system, particularly to low- and
zero-emission forms of transportation, including public
transportation, walking, and bicycling;
``(4) an applicant has adequately considered or will
adequately consider, including through the opportunity for
public comment, the environmental justice and equity impacts of
the project;
``(5) a project contributes to geographic diversity among
grant recipients, including to achieve a balance between urban,
suburban, and rural communities;
``(6) a project serves low-income residents of low-income
communities, including areas of persistent poverty, while not
displacing such residents;
``(7) a project uses pavement materials that demonstrate
reductions in greenhouse gas emissions through sequestration or
innovative manufacturing processes;
``(8) a project repurposes neglected or underused
infrastructure, including abandoned highways, bridges,
railways, trail ways, and adjacent underused spaces, into new
hybrid forms of public space that support multiple modes of
transportation; and
``(9) a project includes regional multimodal transportation
system management and operations elements that will improve the
effectiveness of such project and encourage reduction of single
occupancy trips by providing the ability of users to plan, use,
and pay for multimodal transportation alternatives.
``(i) Funding.--
``(1) Maximum amount.--The maximum amount of a grant under
the Program shall be $25,000,000.
``(2) Technical assistance.--Of the amounts made available to
carry out the Program, the Secretary may use up to 1 percent to
provide technical assistance to applicants and potential
applicants.
``(j) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway
project;
``(B) the requirements of chapter 53 of title 49 to a
public transportation project; and
``(C) the requirements of section 22905 of title 49
to a passenger rail or freight rail project.
``(2) Multimodal projects.--
``(A) In general.--Except as otherwise provided in
this paragraph, if an eligible project is a multimodal
project, the Secretary shall--
``(i) determine the predominant modal
component of the project; and
``(ii) apply the applicable requirements of
such predominant modal component to the
project.
``(B) Exceptions.--
``(i) Passenger or freight rail component.--
For any passenger or freight rail component of
a project, the requirements of section
22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--For
any public transportation component of a
project, the requirements of section 5333 of
title 49 shall apply.
``(C) Buy america.--In applying the Buy American
requirements under section 313 of this title and
sections 5320, 22905(a), and 24305(f) of title 49 to a
multimodal project under this paragraph, the Secretary
shall--
``(i) consider the various modal components
of the project; and
``(ii) seek to maximize domestic jobs.
``(3) Federal-aid highway requirements.--Notwithstanding any
other provision of this subsection, the Secretary shall require
recipients of grants under this section to comply with
subsection (a) of section 113 with respect to public
transportation projects, passenger rail projects, and freight
rail projects, in the same manner that recipients of grants are
required to comply with such subsection for construction work
performed on highway projects on Federal-aid highways.
``(k) Single-Occupancy Vehicle Highway Facilities.--None of the funds
provided under this section may be used for a project that will result
in the construction of new capacity available to single occupant
vehicles unless the project consists of a high-occupancy vehicle
facility and is consistent with section 166.
``(l) Definition of Areas of Persistent Poverty.--In this section,
the term `areas of persistent poverty' means--
``(1) any county that has had 20 percent or more of the
population of such county living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses and
the most recent Small Area Income and Poverty Estimates;
``(2) any census tract with a poverty rate of at least 20
percent, as measured by the most recent 5-year data series
available from the American Community Survey of the Bureau of
the Census for all States and Puerto Rico; or
``(3) any other territory or possession of the United States
that has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990, 2000,
and 2010 island areas decennial censuses, or equivalent data,
of the Bureau of the Census.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 171 the following:
``172. Community climate innovation grants.''.
SEC. 1305. METRO PERFORMANCE PROGRAM.
(a) Establishment.--The Secretary of Transportation shall directly
allocate funds in accordance with this section to enhance local
decision making and control in delivering projects to address local
transportation needs.
(b) Designation.--
(1) In general.--The Secretary shall designate direct
recipients based on the criteria in paragraph (3) to be direct
recipients of funds under this section.
(2) Responsibilities.--A direct recipient shall be
responsible for compliance with any requirements related to the
use of Federal funds vested in a State department of
transportation under chapter 1 of title 23, United States Code.
(3) Criteria.--In designating an applicant under this
subsection, the Secretary shall consider--
(A) the legal, financial, and technical capacity of
the applicant;
(B) the level of coordination between the applicant
and--
(i) the State department of transportation of
the State or States in which the metropolitan
planning area represented by the applicant is
located;
(ii) local governments and providers of
public transportation within the metropolitan
planning area represented by the applicant; and
(iii) if more than 1 metropolitan planning
organization is designated within an urbanized
area represented by the applicant, any other
such metropolitan planning organization;
(C) in the case of an applicant that represents an
urbanized area population of greater than 200,000, the
effectiveness of project delivery and timely obligation
of funds made available under section 133(d)(1)(A)(i)
of title 23, United States Code;
(D) if the applicant or a local government within the
metropolitan planning area that the applicant
represents has been the recipient of a discretionary
grant from the Secretary within the preceding 5 years,
the administration of such grant;
(E) the extent to which the planning and decision
making process of the applicant, including the long-
range transportation plan and the approved
transportation improvement program under section 134 of
such title, support--
(i) the performance goals established under
section 150(b) of such title; and
(ii) the achievement of metropolitan or
statewide performance targets established under
section 150(d) of such title;
(F) whether the applicant is a designated recipient
of funds from the Federal Transit Administration as
described under subsections (A) and (B) of section
5302(4) of title 49, United States Code; and
(G) any other criteria established by the Secretary.
(4) Requirements.--
(A) Call for nomination.--Not later than February 1,
2022, the Secretary shall publish in the Federal
Register a notice soliciting applications for
designation under this subsection.
(B) Guidance.--The notification under paragraph (1)
shall include guidance on the requirements and
responsibilities of a direct recipient under this
section, including implementing regulations.
(C) Determination.--The Secretary shall make all
designations under this section for fiscal year 2023
not later than June 1, 2022.
(5) Term.--Except as provided in paragraph (6), a designation
under this subsection shall--
(A) be for a period of not less than 5 years; and
(B) be renewable.
(6) Termination.--
(A) In general.--The Secretary shall establish
procedures for the termination of a designation under
this subsection.
(B) Considerations.--In establishing procedures under
subparagraph (A), the Secretary shall consider--
(i) with respect to projects carried out
under this section, compliance with the
requirements of title 23, United States Code,
or chapter 53 of title 49, United States Code;
and
(ii) the obligation rate of any funds--
(I) made available under this
section; and
(II) in the case of a metropolitan
planning organization that represents a
metropolitan planning area with an
urbanized area population of greater
than 200,000, made available under
section 133(d)(1)(A)(i) of title 23,
United States Code.
(c) Use of Funds.--
(1) Eligible projects.--Funds made available under this
section may be obligated for the purposes described in section
133(b) of title 23, United States Code.
(2) Administrative expenses and technical assistance.--Of the
amounts made available under this section, the Secretary may
set aside not more than $5,000,000 for program management,
oversight, and technical assistance to direct recipients.
(d) Responsibilities of Direct Recipients.--
(1) Direct availability of funds.--Notwithstanding title 23,
United States Code, the amounts made available under this
section shall be allocated to each direct recipient for
obligation.
(2) Project delivery.--
(A) In general.--The direct recipient may collaborate
with a State, unit of local government, regional
entity, or transit agency to carry out a project under
this section and ensure compliance with all applicable
Federal requirements.
(B) State authority.--The State may exercise, on
behalf of the direct recipient, any available
decisionmaking authorities or actions assumed from the
Secretary.
(C) Use of funds.--The direct recipient may use
amounts made available under this section to compensate
a State, unit of local government, regional entity, or
transit agency for costs incurred in providing
assistance under this paragraph.
(3) Distribution of amounts among direct recipients.--
(A) In general.--Subject to subparagraph (B), on the
first day of the fiscal year for which funds are made
available under this section, the Secretary shall
allocate such funds to each direct recipient as the
proportion of the population (as determined by data
collected by the Bureau of the Census) of the urbanized
area represented by any 1 direct recipient bears to the
total population of all of urbanized areas represented
by all direct recipients.
(B) Minimum and maximum amounts.--Of funds allocated
to direct recipients under subparagraph (A), each
direct recipient shall receive not less than
$10,000,000 and not more than $50,000,000 each fiscal
year.
(C) Minimum guaranteed amount.--In making a
determination whether to designate a metropolitan
planning organization as a direct recipient under
subsection (b), the Secretary shall ensure that each
direct recipient receives the minimum required
allocation under subparagraph (B).
(D) Additional amounts.--If any amounts remain
undistributed after the distribution described in this
subsection, such remaining amounts and an associated
amount of obligation limitation shall be made available
as if suballocated under clauses (i) and (ii) of
section 133(d)(1)(A) of title 23, United States Code,
and distributed among the States in the proportion that
the relative shares of the population (as determined by
data collected by the Bureau of the Census) of the
urbanized areas of each State bears to the total
populations of all urbanized areas across all States.
(4) Assumption of responsibility of the secretary.--
(A) In general.--For projects carried out with funds
provided under this section, the direct recipient may
assume the responsibilities of the Secretary under
section 106 of title 23, United States Code, for
design, plans, specifications, estimates, contract
awards, and inspections with respect to the projects
unless the Secretary determines that the assumption is
not appropriate.
(B) Agreement.--The Secretary and the direct
recipient shall enter into an agreement relating to the
extent to which the direct recipient assumes the
responsibilities of the Secretary under this paragraph.
(C) Limitations.--The Secretary shall retain
responsibilities described in subparagraph (A) for any
project that the Secretary determines to be in a high-
risk category, including projects on the National
Highway System.
(e) Expenditure of Funds.--
(1) Consistency with metropolitan planning.--Except as
otherwise provided in this section, programming and expenditure
of funds for projects under this section shall be consistent
with the requirements of section 134 of title 23, United States
Code, and section 5303 of title 49, United States Code.
(2) Selection of projects.--
(A) In general.--Notwithstanding subsections (j)(5)
and (k)(4) of section 134 of title 23, United States
Code, or subsections (j)(5) and (k)(4) of section 5303
of title 49, United States Code, a direct recipient
shall select, from the approved transportation
improvement program under such sections, all projects
to be funded under this section, including projects on
the National Highway System.
(B) Eligible projects.--The project selection process
described in this subsection shall apply to all
federally funded projects within the boundaries of a
metropolitan planning area served by a direct recipient
that are carried out under this section.
(C) Consultation required.--In selecting a project
under this subsection, the metropolitan planning
organization shall consult with--
(i) in the case of a highway project, the
State and locality in which such project is
located; and
(ii) in the case of a transit project, any
affected public transportation operator.
(3) Rule of construction.--Nothing in this section shall be
construed to limit the ability of a direct recipient to partner
with a State department of transportation or other recipient of
Federal funds under title 23, United States Code, or chapter 53
of title 49, United States Code, to carry out a project.
(f) Treatment of Funds.--
(1) In general.--Except as provided in this section, funds
made available to carry out this section shall be administered
as if apportioned under chapter 1 of title 23, United States
Code.
(2) Federal share.--The Federal share of the cost of a
project carried out under this section shall be determined in
accordance with section 120 of title 23, United States Code.
(g) Report.--
(1) Direct recipient report.--Not later than 60 days after
the end of each fiscal year, each direct recipient shall submit
to the Secretary a report that includes--
(A) a list of projects funded with amounts provided
under this section;
(B) a description of any obstacles to complete
projects or timely obligation of funds; and
(C) recommendations to improve the effectiveness of
the program under this section.
(2) Report to congress.--Not later than October 1, 2024, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that--
(A) summarizes the findings of each direct recipient
provided under paragraph (1);
(B) describes the efforts undertaken by both direct
recipients and the Secretary to ensure compliance with
the requirements of title 23 and chapter 53 of title
49, United States Code;
(C) analyzes the capacity of direct recipients to
receive direct allocations of funds under chapter 1 of
title 23, United States Code; and
(D) provides recommendations from the Secretary to--
(i) improve the administration, oversight,
and performance of the program established
under this section;
(ii) improve the effectiveness of direct
recipients to complete projects and obligate
funds in a timely manner; and
(iii) evaluate options to expand the
authority provided under this section,
including to allow for the direct allocation to
metropolitan planning organizations of funds
made available to carry out clause (i) or (ii)
of section 133(d)(1)(A) of title 23, United
States Code.
(3) Update.--Not less frequently than every 2 years, the
Secretary shall update the report described in paragraph (2).
(h) Definitions.--
(1) Direct recipient.--In this section, the term ``direct
recipient'' means a metropolitan planning organization
designated by the Secretary as high-performing under subsection
(b) and that was directly allocated funds as described in
subsection (d).
(2) Metropolitan planning area.--The term ``metropolitan
planning area'' has the meaning given such term in section 134
of title 23, United States Code.
(3) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
such term in section 134 of title 23, United States Code.
(4) National highway system.--The term ``National Highway
System'' has the meaning given such term in section 101 of
title 23, United States Code.
(5) State.--The term ``State'' has the meaning given such
term in section 101 of title 23, United States Code.
(6) Urbanized area.--The term ``urbanized area'' has the
meaning given such term in section 134 of title 23, United
States Code.
SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish a
gridlock reduction program to make grants, on a competitive basis, for
projects to reduce, and mitigate the adverse impacts of, traffic
congestion.
(b) Applications.--To be eligible for a grant under this section, an
applicant shall submit to the Secretary an application in such form, at
such time, and containing such information as the Secretary determines
appropriate.
(c) Eligible Applicants.--The Secretary may make grants under this
section to an applicant that is serving an urbanized area, as
designated by the Bureau of the Census, with a population of not less
than 1,000,000 and that is--
(1) a metropolitan planning organization;
(2) a unit of local government or a group of local
governments;
(3) a multijurisdictional group of entities described in
paragraphs (1) and (2); or
(4) a State that is in partnership with an entity or group of
entities described in paragraph (1), (2), or (3).
(d) Eligible Projects.--The Secretary may award grants under this
section to applicants that submit a comprehensive program of surface
transportation-related projects to reduce traffic congestion and
related adverse impacts, including a project for 1 or more of the
following:
(1) Transportation systems management and operations.
(2) Intelligent transportation systems.
(3) Real-time traveler information.
(4) Traffic incident management.
(5) Active traffic management.
(6) Traffic signal timing.
(7) Multimodal travel payment systems.
(8) Transportation demand management, including employer-
based commuting programs such as carpool, vanpool, transit
benefit, parking cashout, shuttle, or telework programs.
(9) A project to provide transportation options to reduce
traffic congestion, including--
(A) a project under chapter 53 of title 49, United
States Code;
(B) a bicycle or pedestrian project, including a
project to provide safe and connected active
transportation networks; and
(C) a surface transportation project carried out in
accordance with the national travel and tourism
infrastructure strategic plan under section 1431(e) of
the FAST Act (49 U.S.C. 301 note).
(10) Any other project, as determined appropriate by the
Secretary.
(e) Award Prioritization.--
(1) In general.--In selecting grants under this section, the
Secretary shall prioritize applicants serving urbanized areas,
as described in subsection (c), that are experiencing a high
degree of recurrent transportation congestion, as determined by
the Secretary.
(2) Additional considerations.--In selecting grants under
this section, the Secretary shall also consider the extent to
which the project would--
(A) reduce traffic congestion and improve the
reliability of the surface transportation system;
(B) mitigate the adverse impacts of traffic
congestion on the surface transportation system,
including safety and environmental impacts;
(C) maximize the use of existing capacity; and
(D) employ innovative, integrated, and multimodal
solutions to the items described in subparagraphs (A),
(B), and (C).
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a project
carried out under this section may not exceed 60 percent.
(2) Maximum federal share.--Federal assistance other than a
grant for a project under this section may be used to satisfy
the non-Federal share of the cost of such project, except that
the total Federal assistance provided for a project receiving a
grant under this section may not exceed 80 percent of the total
project cost.
(g) Use of Funds.--Funds made available for a project under this
section may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation,
construction contingencies, acquisition of equipment, and
operational improvements.
(h) Funding.--
(1) Grant amount.--A grant under this section shall be in an
amount not less than $10,000,000 and not more than $50,000,000.
(2) Availability.--Funds made available under this program
shall be available until expended.
(i) Freight Project Set-Aside.--
(1) In general.--The Secretary shall set aside not less than
50 percent of the funds made available to carry out this
section for grants for freight projects under this subsection.
(2) Eligible uses.--The Secretary shall provide funds set
aside under this subsection to applicants that submit a
comprehensive program of surface transportation-related
projects to reduce freight-related traffic congestion and
related adverse impacts, including--
(A) freight intelligent transportation systems;
(B) real-time freight parking information;
(C) real-time freight routing information;
(D) freight transportation and delivery safety
projects;
(E) first-mile and last-mile delivery solutions;
(F) shifting freight delivery to off-peak travel
times;
(G) reducing greenhouse gas emissions and air
pollution from freight transportation and delivery,
including through the use of innovative vehicles that
produce fewer greenhouse gas emissions;
(H) use of centralized delivery locations;
(I) designated freight vehicle parking and staging
areas;
(J) curb space management; and
(K) other projects, as determined appropriate by the
Secretary.
(3) Award prioritization.--
(A) In general.--In providing funds set aside under
this section, the Secretary shall prioritize applicants
serving urbanized areas, as described in subsection
(c), that are experiencing a high degree of recurrent
congestion due to freight transportation, as determined
by the Secretary.
(B) Additional considerations.--In providing funds
set aside under this subsection, the Secretary shall
consider the extent to which the proposed project--
(i) reduces freight-related traffic
congestion and improves the reliability of the
freight transportation system;
(ii) mitigates the adverse impacts of
freight-related traffic congestion on the
surface transportation system, including safety
and environmental impacts;
(iii) maximizes the use of existing capacity;
(iv) employs innovative, integrated, and
multimodal solutions to the items described in
clauses (i) through (iii);
(v) leverages Federal funds with non-Federal
contributions; and
(vi) integrates regional multimodal
transportation management and operational
projects that address both passenger and
freight congestion.
(4) Flexibility.--If the Secretary determines that there are
insufficient qualified applicants to use the funds set aside
under this subsection, the Secretary may use such funds for
grants for any projects eligible under this section.
(j) Report.--
(1) Recipient report.--The Secretary shall ensure that not
later than 2 years after the Secretary awards grants under this
section, the recipient of each such grant submits to the
Secretary a report that contains--
(A) information on each activity or project that
received funding under this section;
(B) a summary of any non-Federal resources leveraged
by a grant under this section;
(C) any statistics, measurements, or quantitative
assessments that demonstrate the congestion reduction,
reliability, safety, and environmental benefits
achieved through activities or projects that received
funding under this section; and
(D) any additional information required by the
Secretary.
(2) Report to congress.--Not later than 9 months after the
date specified in paragraph (1), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works, the Committee on Commerce, Science, and Transportation,
and the Committee on Banking, Housing, and Urban Affairs of the
Senate, and make publicly available on a website, a report
detailing--
(A) a summary of any information provided under
paragraph (1); and
(B) recommendations and best practices to--
(i) reduce traffic congestion, including
freight-related traffic congestion, and improve
the reliability of the surface transportation
system;
(ii) mitigate the adverse impacts of traffic
congestion, including freight-related traffic
congestion, on the surface transportation
system, including safety and environmental
impacts; and
(iii) employ innovative, integrated, and
multimodal solutions to the items described in
clauses (i) and (ii).
(k) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works, the Committee on
Commerce, Science, and Transportation, and the Committee on Banking,
Housing, and Urban Affairs of the Senate of the intention to award such
a grant.
(l) Treatment of Projects.--
(1) Federal requirements.--The Secretary shall, with respect
to a project funded by a grant under this section, apply--
(A) the requirements of title 23, United States Code,
to a highway project;
(B) the requirements of chapter 53 of title 49,
United States Code, to a public transportation project;
and
(C) the requirements of section 22905 of title 49,
United States Code, to a passenger rail or freight rail
project.
(2) Multimodal projects.--
(A) In general.--Except as otherwise provided in this
paragraph, if an eligible project is a multimodal
project, the Secretary shall--
(i) determine the predominant modal component
of the project; and
(ii) apply the applicable requirements of
such predominant modal component to the
project.
(B) Exceptions.--
(i) Passenger or freight rail component.--For
any passenger or freight rail component of a
project, the requirements of section
22907(j)(2) of title 49, United States Code,
shall apply.
(ii) Public transportation component.--For
any public transportation component of a
project, the requirements of section 5333 of
title 49, United States Code, shall apply.
(C) Buy america.--In applying the Buy American
requirements under section 313 of title 23, United
States Code, and sections 5320, 22905(a), and 24305(f)
of title 49, United States Code, to a multimodal
project under this paragraph, the Secretary shall--
(i) consider the various modal components of
the project; and
(ii) seek to maximize domestic jobs.
(3) Federal-aid highway requirements.--Notwithstanding any
other provision of this subsection, the Secretary shall require
recipients of grants under this section to comply with
subsection (a) of section 113 of title 23, United States Code,
with respect to public transportation projects, passenger rail
projects, and freight rail projects, in the same manner that
recipients of grants are required to comply with such
subsection for construction work performed on highway projects
on Federal-aid highways.
(m) Treatment of Funds.--Except as provided in subsection (l), funds
authorized for the purposes described in this section shall be
available for obligation in the same manner as if the funds were
apportioned under chapter 1 of title 23, United States Code.
SEC. 1307. REBUILD RURAL GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish a
rebuild rural grant program to improve the safety, state of good
repair, and connectivity of transportation infrastructure in rural
communities.
(b) Grant Authority.--
(1) In general.--In carrying out the program established in
subsection (a), the Secretary shall make grants, on a
competitive basis, in accordance with this section.
(2) Grant amount.--A grant made under this program shall be
for no more than $25,000,000.
(c) Eligible Applicants.--The Secretary may make a grant under this
section to--
(1) a State;
(2) a metropolitan planning organization or a regional
transportation planning organization;
(3) a unit of local government;
(4) a Federal land management agency;
(5) a Tribal government or a consortium of Tribal
governments;
(6) a territory; and
(7) a multijurisdictional group of entities described in this
subsection.
(d) Applications.--To be eligible for a grant under this section, an
entity specified under subsection (c) shall submit to the Secretary an
application in such form, at such time, and containing such information
as the Secretary determines is appropriate.
(e) Eligible Projects.--The Secretary shall provide grants under this
section to projects eligible under title 23, United States Code,
including projects on and off the Federal-aid highway system, that
improve safety, state of good repair, or connectivity in a rural
community, including projects to--
(1) improve transportation safety, including projects on
high-risk rural roads and on Federal lands;
(2) improve state of good repair, including projects to
repair and rehabilitate bridges on and off the Federal-aid
highway system;
(3) provide or increase access to jobs and services;
(4) provide or increase access to--
(A) a grain elevator;
(B) an agricultural facility;
(C) a mining facility;
(D) a forestry facility;
(E) an intermodal facility;
(F) travel or tourism destinations; or
(G) any other facility that supports the economy of a
rural community; and
(5) reduce vehicle-wildlife collisions and improve habitat
connectivity.
(f) Eligible Project Costs.--Grant amounts for a project under this
section may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation,
construction contingencies, acquisition of equipment, and
operational improvements.
(g) Federal Share.--
(1) In general.--The share of the cost of a project provided
with a grant under this section may not exceed 80 percent of
the total cost of such project.
(2) Maximum federal assistance.--Federal assistance other
than a grant under this section may be used to satisfy up to
100 percent of the total cost of such project.
(h) Priority.--In making grants under this section, the Secretary
shall prioritize projects that address--
(1) significant transportation safety challenges;
(2) state of good repair challenges that pose safety risks or
risks to a local economy;
(3) economic development challenges;
(4) connectivity challenges that limit access to jobs or
services; and
(5) coordination of projects in the highway right-of-way with
proposed broadband service infrastructure needs.
(i) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary of Transportation shall notify
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate of the intention to award such a grant.
(j) Treatment of Projects.--Notwithstanding any other provision of
law, a project carried out under this section shall be treated as if
the project is located on a Federal-aid highway.
(k) Definition of Rural Community.--In this section, the term ``rural
community'' means an area that is not an urbanized area, as such term
is defined in section 101(a) of title 23, United States Code.
SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES.
(a) Establishment.--The Secretary of Transportation shall establish a
program under which the Secretary shall make grants, on a competitive
basis, to eligible entities to address the shortage of parking for
commercial motor vehicles to improve the safety of commercial motor
vehicle operators.
(b) Applications.--To be eligible for a grant under this section, an
eligible entity shall submit to the Secretary an application in such
form, at such time, and containing such information as the Secretary
may require.
(c) Eligible Projects.--Projects eligible under this section are
projects that--
(1) construct safety rest areas that include parking for
commercial motor vehicles;
(2) construct commercial motor vehicle parking facilities--
(A) adjacent to private commercial truckstops and
travel plazas;
(B) within the boundaries of, or adjacent to, a
publicly owned freight facility, including a port
terminal operated by a public authority; and
(C) at existing facilities, including inspection and
weigh stations and park-and-ride locations;
(3) open existing weigh stations, safety rest areas, and
park-and-ride facilities to commercial motor vehicle parking;
(4) facilitate access to publicly and privately provided
commercial motor vehicle parking, such as through the use of
intelligent transportation systems;
(5) construct turnouts along a Federal-aid highway for
commercial motor vehicles;
(6) make capital improvements to public commercial motor
vehicle parking facilities that are closed on a seasonal basis
to allow the facilities to remain open year-round;
(7) open existing commercial motor vehicle chain-up areas
that are closed on a seasonal basis to allow the facilities to
remain open year-round for commercial motor vehicle parking;
(8) address commercial motor vehicle parking and layover
needs in emergencies that strain the capacity of existing
publicly and privately provided commercial motor vehicle
parking; and
(9) make improvements to existing commercial motor vehicle
parking facilities, including advanced truckstop
electrification systems.
(d) Use of Funds.--
(1) In general.--An eligible entity may use a grant under
this section for--
(A) development phase activities, including planning,
feasibility analysis, benefit-cost analysis,
environmental review, preliminary engineering and
design work, and other preconstruction activities
necessary to advance a project described in subsection
(c); and
(B) construction and operational improvements, as
such terms are defined in section 101 of title 23,
United States Code.
(2) Private sector participation.--An eligible entity that
receives a grant under this section may partner with a private
entity to carry out an eligible project under this section.
(3) Limitation.--Not more than 10 percent of the amounts made
available to carry out this section may be used to promote the
availability of existing commercial motor vehicle parking.
(e) Selection Criteria.--In making grants under this section, the
Secretary shall consider--
(1) in the case of construction of new commercial motor
vehicle parking capacity, the shortage of public and private
commercial motor vehicle parking near the project; and
(2) the extent to which each project--
(A) would increase commercial motor vehicle parking
capacity or utilization;
(B) would facilitate the efficient movement of
freight;
(C) would improve safety, traffic congestion, and air
quality;
(D) is cost effective; and
(E) reflects consultation with motor carriers,
commercial motor vehicle operators, and private
providers of commercial motor vehicle parking.
(f) Notification of Congress.--Not later than 3 business days before
announcing a project selected to receive a grant under this section,
the Secretary of Transportation shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate of the
intention to award such a grant.
(g) Treatment of Funds.--
(1) Treatment of projects.--Notwithstanding any other
provision of law, any project funded by a grant under this
section shall be treated as a project on a Federal-aid highway
under chapter 1 of title 23, United States Code.
(2) Federal share.--The Federal share of the cost of a
project under this section shall be determined in accordance
with subsections (b) and (c) of section 120 of title 23, United
States Code.
(h) Prohibition on Charging Fees.--To be eligible for a grant under
this section, an eligible entity shall certify that no fees will be
charged for the use of a project assisted with such grant.
(i) Amendment to MAP-21.--Section 1401(c)(1) of MAP-21 (23 U.S.C. 137
note) is amended--
(1) by inserting ``and private providers of commercial motor
vehicle parking'' after ``personnel''; and
(2) in subparagraph (A) by striking ``the capability of the
State to provide'' and inserting ``the availability of''.
(j) Survey; Comparative Assessment; Report.--
(1) Update.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall update the survey of
each State required under section 1401(c)(1) of the MAP-21 (23
U.S.C. 137 note).
(2) Report.--Not later than 1 year after the deadline under
paragraph (1), the Secretary shall publish on the website of
the Department of Transportation a report that--
(A) evaluates the availability of adequate parking
and rest facilities for commercial motor vehicles
engaged in interstate transportation;
(B) evaluates the effectiveness of the projects
funded under this section in improving access to
commercial motor vehicle parking; and
(C) reports on the progress being made to provide
adequate commercial motor vehicle parking facilities in
the State.
(3) Consultation.--The Secretary shall prepare the report
required under paragraph (2) in consultation with--
(A) relevant State motor carrier safety personnel;
(B) motor carriers and commercial motor vehicle
operators; and
(C) private providers of commercial motor vehicle
parking.
(k) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31132 of
title 49, United States Code.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a political subdivision of a State or local
government carrying out responsibilities relating to
commercial motor vehicle parking; and
(E) a multistate or multijurisdictional group of
entities described in subparagraphs (A) through (D).
(3) Safety rest area.--The term ``safety rest area'' has the
meaning given such term in section 120(c) of title 23, United
States Code.
SEC. 1309. ACTIVE TRANSPORTATION CONNECTIVITY GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
an active transportation connectivity grant program to provide for safe
and connected active transportation facilities.
(b) Grant Authority.--In carrying out the program established in
subsection (a), the Secretary shall make grants, on a competitive
basis, in accordance with this section.
(c) Eligible Applicants.--The Secretary may make a grant under this
section to--
(1) a State;
(2) a metropolitan planning organization;
(3) a regional transportation authority;
(4) a unit of local government, including a county or multi-
county special district;
(5) a Federal land management agency;
(6) a natural resource or public land agency;
(7) a Tribal government or a consortium of Tribal
governments;
(8) any local or regional governmental entity with
responsibility for or oversight of transportation or
recreational trails; and
(9) a multistate or multijurisdictional group of entities
described in this subsection.
(d) Applications.--To be eligible for a grant under this section, an
entity specified under subsection (c) shall submit to the Secretary an
application in such form, at such time, and containing such information
as the Secretary determines is appropriate.
(e) Eligible Projects.--The Secretary shall provide grants under this
section to projects that improve the connectivity and the use of active
transportation facilities--
(1) including--
(A) active transportation networks;
(B) active transportation spines; and
(C) planning related to the development of--
(i) active transportation networks;
(ii) active transportation spines; and
(iii) complete streets plans to create a
connected network of active transportation
facilities, including sidewalks, bikeways, or
pedestrian and bicycle trails; and
(2) that have--
(A) total project costs of not less than $15,000,000;
or
(B) in the case of planning grants under subsection
(f), a total cost of not less than $100,000.
(f) Planning Grants.--Of the amounts made available to carry out this
section, the Secretary may use not more than 10 percent to provide
planning grants to eligible applicants for activities under subsection
(e)(1)(C).
(g) Considerations.--In making grants under this section, the
Secretary shall consider the extent to which--
(1) a project is likely to provide substantial additional
opportunities for walking and bicycling, including through the
creation of--
(A) active transportation networks connecting
destinations within or between communities, including
schools, workplaces, residences, businesses, recreation
areas, and other community areas; and
(B) active transportation spines connecting 2 or more
communities, metropolitan areas, or States;
(2) an applicant has adequately considered or will consider,
including through the opportunity for public comment, the
environmental justice and equity impacts of the project;
(3) the project would improve safety for vulnerable road
users, including through the use of complete street design
policies or a safe system approach; and
(4) a project integrates active transportation facilities
with public transportation services, where available, to
improve access to public transportation.
(h) Limitation.--
(1) In general.--The share of the cost of a project assisted
with a grant under this section may not exceed 80 percent.
(2) Maximum federal assistance.--Federal assistance other
than a grant under this section may be used to satisfy up to
100 percent of the total project cost.
(i) Eligible Project Costs.--Amounts made available for a project
under this section may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation,
construction contingencies, acquisition of equipment, and
operational improvements.
(j) Notification.--Not later than 3 business days before awarding a
grant under this section, the Secretary of Transportation shall notify
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate of the intention to award such a grant.
(k) Treatment of Projects.--Notwithstanding any other provision of
law, a project carried out under this section shall be treated in the
manner described under section 133(i) of title 23, United States Code.
(l) Definitions.--In this section:
(1) Active transportation.--The term ``active
transportation'' means mobility options powered primarily by
human energy, including bicycling and walking.
(2) Active transportation network.--The term ``active
transportation network'' means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian
and bicycle trails, that connect destinations within a
community, a metropolitan area, or on Federal lands.
(3) Active transportation spine.--The term ``active
transportation spine'' means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian
and bicycle trails, that connect communities, metropolitan
areas, Federal lands, or States.
(4) Safe system approach.--The term ``safe system approach''
has the meaning given such term in section 148(a) of title 23,
United States Code.
(5) Vulnerable road user.--The term ``vulnerable road user''
has the meaning given such term in section 148(a) of title 23,
United States Code.
Subtitle D--Planning, Performance Management, and Asset Management
SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``resiliency needs while
minimizing transportation-related fuel consumption and air
pollution'' and inserting ``resilience and climate change
adaptation needs while reducing transportation-related fuel
consumption, air pollution, and greenhouse gas emissions'';
(2) in subsection (b)--
(A) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) STIP.--The term `STIP' means a statewide transportation
improvement program developed by a State under section
135(g).'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``and transportation
improvement programs'' and inserting ``and TIPs''; and
(B) by adding at the end the following:
``(4) Consideration.--In developing the plans and TIPs,
metropolitan planning organizations shall consider direct and
indirect emissions of greenhouse gases.'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2
years after the date of enactment of MAP-21, each'' and
inserting ``Each'';
(B) in paragraph (3) by adding at the end the
following:
``(D) Considerations.--
``(i) Equitable and proportional
representation.--In designating officials or
representatives under paragraph (2), the
metropolitan planning organization shall
consider the equitable and proportional
representation of the population of the
metropolitan planning area.
``(ii) Savings clause.--Nothing in this
paragraph shall require a metropolitan planning
organization in existence on the date of
enactment of this subparagraph to be
restructured.
``(iii) Redesignation.--Notwithstanding
clause (ii), the requirements of this paragraph
shall apply to any metropolitan planning
organization redesignated under paragraph
(6).'';
(C) in paragraph (6)(B) by striking ``paragraph (2)''
and inserting ``paragraphs (2) or (3)(D)''; and
(D) in paragraph (7)--
(i) by striking ``an existing metropolitan
planning area'' and inserting ``an urbanized
area''; and
(ii) by striking ``the existing metropolitan
planning area'' and inserting ``the area'';
(5) in subsection (g)--
(A) in paragraph (1) by striking ``a metropolitan
area'' and inserting ``an urbanized area'';
(B) in paragraph (2) by striking ``Mpos'' and
inserting ``Metropolitan planning areas'';
(C) in paragraph (3)(A) by inserting ``emergency
response and evacuation, climate change adaptation and
resilience,'' after ``disaster risk reduction,''; and
(D) by adding at the end the following:
``(4) Coordination between mpos.--
``(A) In general.--If more than 1 metropolitan
planning organization is designated within an urbanized
area under subsection (d)(7), the metropolitan planning
organizations designated within the area shall ensure,
to the maximum extent practicable, the consistency of
any data used in the planning process, including
information used in forecasting transportation demand.
``(B) Savings clause.--Nothing in this paragraph
requires metropolitan planning organizations designated
within a single urbanized area to jointly develop
planning documents, including a unified long-range
transportation plan or unified TIP.'';
(6) in subsection (h)(1)--
(A) by striking subparagraph (E) and inserting the
following:
``(E) protect and enhance the environment, promote
energy conservation, reduce greenhouse gas emissions,
improve the quality of life and public health, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns, including housing and land use
patterns;'';
(B) in subparagraph (I)--
(i) by inserting ``, sea level rise, extreme
weather, and climate change'' after
``stormwater''; and
(ii) by striking ``and'' at the end;
(C) by redesignating subparagraph (J) as subparagraph
(M); and
(D) by inserting after subparagraph (I) the
following:
``(J) facilitate emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system
access;
``(L) support inclusive zoning policies and land use
planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households;
and'';
(7) in subsection (h)(2) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a performance-
based approach, transportation investment decisions
made as a part of the metropolitan transportation
planning process shall support the national goals
described in section 150(b), the achievement of
metropolitan and statewide targets established under
section 150(d), the improvement of transportation
system access (consistent with section 150(f)), and the
general purposes described in section 5301 of title
49.'';
(8) in subsection (i)--
(A) in paragraph (2)(D)(i) by inserting ``reduce
greenhouse gas emissions and'' before ``restore and
maintain'';
(B) in paragraph (2)(G) by inserting ``and climate
change'' after ``infrastructure to natural disasters'';
(C) in paragraph (2)(H) by inserting ``greenhouse gas
emissions,'' after ``pollution,'';
(D) in paragraph (5)--
(i) in subparagraph (A) by inserting ``air
quality, public health, housing,
transportation, resilience, hazard mitigation,
emergency management,'' after
``conservation,''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Issues.--The consultation shall involve, as
appropriate, comparison of transportation plans to
other relevant plans, including, if available--
``(i) State conservation plans or maps; and
``(ii) inventories of natural or historic
resources.''; and
(E) by amending paragraph (6)(C) to read as follows:
``(C) Methods.--
``(i) In general.--In carrying out
subparagraph (A), the metropolitan planning
organization shall, to the maximum extent
practicable--
``(I) hold any public meetings at
convenient and accessible locations and
times;
``(II) employ visualization
techniques to describe plans; and
``(III) make public information
available in electronically accessible
format and means, such as the internet,
as appropriate to afford reasonable
opportunity for consideration of public
information under subparagraph (A).
``(ii) Additional methods.--In addition to
the methods described in clause (i), in
carrying out subparagraph (A), the metropolitan
planning organization shall, to the maximum
extent practicable--
``(I) use virtual public involvement,
social media, and other web-based tools
to encourage public participation and
solicit public feedback; and
``(II) use other methods, as
appropriate, to further encourage
public participation of historically
underrepresented individuals in the
transportation planning process.'';
(9) in subsection (j) by striking ``transportation
improvement program'' and inserting ``TIP'' each place it
appears; and
(10) by striking ``Federally'' each place it appears and
inserting ``federally''.
SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
Section 135 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(B) in paragraph (2)--
(i) by striking ``The statewide
transportation plan and the'' and inserting the
following:
``(A) In general.--The statewide transportation plan
and the'';
(ii) by striking ``transportation improvement
program'' and inserting ``STIP''; and
(iii) by adding at the end the following:
``(B) Consideration.--In developing the statewide
transportation plans and STIPs, States shall consider
direct and indirect emissions of greenhouse gases.'';
and
(C) in paragraph (3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (E)--
(I) by inserting ``reduce greenhouse
gas emissions,'' after ``promote energy
conservation,'';
(II) by inserting ``and public
health'' after ``improve the quality of
life''; and
(III) by inserting ``, including
housing and land use patterns'' after
``economic development patterns'';
(ii) in subparagraph (I)--
(I) by inserting ``, sea level rise,
extreme weather, and climate change''
after ``mitigate stormwater''; and
(II) by striking ``and'' after the
semicolon;
(iii) by redesignating subparagraph (J) as
subparagraph (M); and
(iv) by inserting after subparagraph (I) the
following:
``(J) facilitate emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system
access;
``(L) support inclusive zoning policies and land use
planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households;
and'';
(B) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a performance-
based approach, transportation investment decisions
made as a part of the statewide transportation planning
process shall support--
``(i) the national goals described in section
150(b);
``(ii) the consideration of transportation
system access (consistent with section 150(f));
``(iii) the achievement of statewide targets
established under section 150(d); and
``(iv) the general purposes described in
section 5301 of title 49.''; and
(ii) in subparagraph (D) by striking
``statewide transportation improvement
program'' and inserting ``STIP''; and
(C) in paragraph (3) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(3) in subsection (e)(3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(4) in subsection (f)--
(A) in paragraph (2)(D)--
(i) in clause (i) by inserting ``air quality,
public health, housing, transportation,
resilience, hazard mitigation, emergency
management,'' after ``conservation,''; and
(ii) by amending clause (ii) to read as
follows:
``(ii) Comparison and consideration.--
Consultation under clause (i) shall involve the
comparison of transportation plans to other
relevant plans and inventories, including, if
available--
``(I) State and tribal conservation
plans or maps; and
``(II) inventories of natural or
historic resources.'';
(B) in paragraph (3)(B)--
(i) by striking ``In carrying out'' and
inserting the following:
``(i) In general.--in carrying out'';
(ii) by redesignating clauses (i) through
(iv) as subclauses (I) through (IV),
respectively; and
(iii) by adding at the end the following:
``(ii) Additional methods.--In addition to
the methods described in clause (i), in
carrying out subparagraph (A), the State shall,
to the maximum extent practicable--
``(I) use virtual public involvement,
social media, and other web-based tools
to encourage public participation and
solicit public feedback; and
``(II) use other methods, as
appropriate, to further encourage
public participation of historically
underrepresented individuals in the
transportation planning process.'';
(C) in paragraph (4)(A) by inserting ``reduce
greenhouse gas emissions and'' after ``potential to'';
and
(D) in paragraph (8) by inserting ``greenhouse gas
emissions,'' after ``pollution,'';
(5) in subsection (g)--
(A) in paragraph (1)(A) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(B) in paragraph (3) by striking ``operators),,'' and
inserting ``operators),'';
(C) in paragraph (4) by striking ``statewide
transportation improvement program'' and inserting
``STIP'' each place it appears;
(D) in paragraph (5)--
(i) in subparagraph (A) by striking
``transportation improvement program'' and
inserting ``STIP'';
(ii) in subparagraph (B)(ii) by striking
``metropolitan transportation improvement
program'' and inserting ``TIP'';
(iii) in subparagraph (C) by striking
``transportation improvement program'' and
inserting ``STIP'' each place it appears;
(iv) in subparagraph (E) by striking
``transportation improvement program'' and
inserting ``STIP'';
(v) in subparagraph (F)(i) by striking
``transportation improvement program'' and
inserting ``STIP'' each place it appears;
(vi) in subparagraph (G)(ii) by striking
``transportation improvement program'' and
inserting ``STIP''; and
(vii) in subparagraph (H) by striking
``transportation improvement program'' and
inserting ``STIP'';
(E) in paragraph (6)--
(i) in subparagraph (A)--
(I) by striking ``transportation
improvement program'' and inserting
``STIP''; and
(II) by striking ``and projects
carried out under the bridge program or
the Interstate maintenance program'';
and
(ii) in subparagraph (B)--
(I) by striking ``or under the bridge
program or the Interstate maintenance
program'';
(II) by striking ``5310, 5311, 5316,
and 5317'' and inserting ``5310 and
5311''; and
(III) by striking ``statewide
transportation improvement program''
and inserting ``STIP'';
(F) in paragraph (7)--
(i) in the heading by striking
``Transportation improvement program'' and
inserting ``STIP''; and
(ii) by striking ``transportation improvement
program'' and inserting ``STIP'';
(G) in paragraph (8) by striking ``statewide
transportation plans and programs'' and inserting
``statewide transportation plans and STIPs''; and
(H) in paragraph (9) by striking ``transportation
improvement program'' and inserting ``STIP'';
(6) in subsection (h)(2)(A) by striking ``Not later than 5
years after the date of enactment of the MAP-21,'' and
inserting ``Not less frequently than once every 4 years,'';
(7) in subsection (k) by striking ``transportation
improvement program'' and inserting ``STIP'' each place it
appears; and
(8) in subsection (m) by striking ``transportation
improvement programs'' and inserting ``STIPs''.
SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.
(a) In General.--Section 150 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) by redesignating paragraph (7) as paragraph (8);
and
(B) by inserting after paragraph (6) the following:
``(7) Combating climate change.--To reduce carbon dioxide and
other greenhouse gas emissions and reduce the climate impacts
of the transportation system.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``Not later than 18
months after the date of enactment of the MAP-21, the
Secretary'' and inserting ``The Secretary''; and
(B) by adding at the end the following:
``(7) Greenhouse gas emissions.--The Secretary shall
establish, in consultation with the Administrator of the
Environmental Protection Agency, measures for States to use to
assess--
``(A) carbon dioxide emissions per capita on public
roads; and
``(B) any other greenhouse gas emissions per capita
on public roads that the Secretary determines to be
appropriate.'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Not later than 1 year after
the Secretary has promulgated the final
rulemaking under subsection (c), each'' and
inserting ``Each''; and
(ii) by striking ``and (6)'' and inserting
``(6), and (7)''; and
(B) by adding at the end the following:
``(3) Regressive targets.--
``(A) In general.--A State may not establish a
regressive target for the measures described under
paragraph (4) or paragraph (7) of subsection (c).
``(B) Regressive target defined.--In this paragraph,
the term `regressive target' means a target that fails
to demonstrate constant or improved performance for a
particular measure.'';
(4) in subsection (e)--
(A) by striking ``Not later than 4 years after the
date of enactment of the MAP-21 and biennially
thereafter, a'' and inserting ``A''; and
(B) by inserting ``biennial'' after ``the Secretary
a''; and
(5) by adding at the end the following:
``(f) Transportation System Access.--
``(1) In general.--The Secretary shall establish measures for
States and metropolitan planning organizations to use to assess
the level of safe, reliable, and convenient transportation
system access to--
``(A) employment; and
``(B) services.
``(2) Considerations.--The measures established pursuant to
paragraph (1) shall include the ability for States and
metropolitan planning organizations to assess--
``(A) the change in the level of transportation
system access for various modes of travel, including
connection to other modes of transportation, that would
result from new transportation investments;
``(B) the level of transportation system access for
economically disadvantaged communities, including to
affordable housing; and
``(C) the extent to which transportation access is
impacted by zoning policies and land use planning
practices that effect the affordability, elasticity,
and diversity of the housing supply.
``(3) Definition of services.--In this subsection, the term
`services' includes healthcare facilities, child care,
education and workforce training, food sources, banking and
other financial institutions, and other retail shopping
establishments.''.
(b) Metropolitan Transportation Planning.--Section 134 of title 23,
United States Code, is further amended--
(1) in subsection (j)(2)(D)--
(A) by striking ``Performance Target Achievement''
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 TIP
would improve the overall level of
transportation system access,
consistent with section 150(f).'';
(2) in subsection (k)--
(A) in paragraph (3)(A)--
(i) by striking ``shall address congestion
management'' and inserting the following:
``shall address--
``(i) congestion management'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) the overall level of transportation
system access for various modes of travel
within the metropolitan planning area,
including the level of access for economically
disadvantaged communities, consistent with
section 150(f), that is based on a
cooperatively developed and implemented
metropolitan-wide strategy, assessing both new
and existing transportation facilities eligible
for funding under this title and chapter 53 of
title 49.''; and
(B) in paragraph (5)(B)--
(i) in clause (i) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (ii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) the TIP approved under clause (ii)
improves the level of transportation system
access, consistent with section 150(f).''; and
(3) in subsection (l)(2)--
(A) by striking ``5 years after the date of enactment
of the MAP-21'' and inserting ``2 years after the date
of enactment of the INVEST in America Act, and every 2
years thereafter'';
(B) in subparagraph (C) by striking ``and whether
metropolitan planning organizations are developing
meaningful performance targets; and'' and inserting a
semicolon; and
(C) by striking subparagraph (D) and inserting the
following:
``(D) a listing of all metropolitan planning
organizations that are establishing performance targets
and whether such performance targets established by the
metropolitan planning organization are meaningful or
regressive (as defined in section 150(d)(3)(B)); and
``(E) the progress of implementing the measure
established under section 150(f).''.
(c) Statewide and Nonmetropolitan Transportation Planning.--Section
135(g)(4) of title 23, United States Code, is further amended--
(1) by striking ``Performance Target Achievement'' and
inserting ``Performance Management'';
(2) by striking ``shall include, to the maximum extent
practicable, a discussion'' and inserting the following:
``shall include--
``(A) a discussion'';
(3) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(B) a consideration of how the STIP impacts the
overall level of transportation system access,
consistent with section 150(f).''.
(d) Effective Date.--The amendment made by subsection (a)(3)(B) shall
take effect 1 year before the subsequent State target and reporting
deadlines established pursuant to section 150 of title 23, United
States Code.
(e) Development of Greenhouse Gas Measure.--Not later than 1 year
after the date of enactment of this Act, the Secretary of
Transportation shall issue such regulations as are necessary to carry
out paragraph (7) of section 150(c) of title 23, United States Code, as
added by this Act.
(f) Development of Transportation System Access Measure.--
(1) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish a working group to assess the provisions of
paragraphs (1) and (2) of section 150(f) and make
recommendations regarding the establishment of measures for
States and metropolitan planning organizations to use to assess
the level of transportation system access for various modes of
travel, consistent with section 150(f) of title 23, United
States Code.
(2) Members.--The working group established pursuant to
paragraph (1) shall include representatives from--
(A) the Department of Transportation;
(B) State departments of transportation, including
representatives that specialize in pedestrian and
bicycle safety;
(C) metropolitan planning organizations representing
transportation management areas (as those terms are
defined in section 134 of title 23, United States
Code);
(D) other metropolitan planning organizations or
local governments;
(E) providers of public transportation;
(F) nonprofit entities related to transportation,
including relevant safety groups;
(G) experts in the field of transportation access
data; and
(H) any other stakeholders, as determined by the
Secretary.
(3) Report.--
(A) Submission.--Not later than 1 year after the
establishment of the working group pursuant to
paragraph (1), the working group shall submit to the
Secretary a report of recommendations regarding the
establishment of measures for States and metropolitan
planning organizations to use to assess the level of
transportation system access, consistent with section
150(f) of title 23, United States Code.
(B) Publication.--Not later than 30 days after the
date on which the Secretary receives the report under
subparagraph (A), the Secretary shall publish the
report on a publicly accessible website of the
Department of Transportation.
(4) Rulemaking.--Not later than 2 years after the date on
which the Secretary receives the report under paragraph (3),
the Secretary shall issue such regulations as are necessary to
implement the requirements of section 150(f) of title 23,
United States Code.
(5) Termination.--The Secretary shall terminate the working
group established pursuant to paragraph (1) on the date on
which the regulation issued pursuant to paragraph (4) takes
effect.
(g) Transportation System Access Data.--
(1) In general.--Not later than 90 days after the date on
which the Secretary of Transportation establishes the measure
required under section 150(f) of title 23, United States Code,
the Secretary shall develop or procure eligible transportation
system access data sets and analytical tools and make such data
sets and analytical tools available to State departments of
transportation and metropolitan planning areas that represent
transportation management areas.
(2) Requirements.--An eligible transportation system access
data set and analytical tool shall have the following
characteristics:
(A) The ability to quantify the level of safe,
reliable, and convenient transportation system access
to--
(i) employment;
(ii) services; and
(iii) connections to other modes of
transportation.
(B) The ability to quantify transportation system
access for various modes of travel, including--
(i) driving;
(ii) public transportation;
(iii) walking (including conveyance for
persons with disabilities); and
(iv) cycling (including micromobility).
(C) The ability to disaggregate the level of
transportation system access by various transportation
modes by a variety of population categories,
including--
(i) low-income populations;
(ii) minority populations;
(iii) age;
(iv) disability; and
(v) geographical location.
(D) The ability to assess the change in the level of
transportation system access that would result from new
transportation investments.
(3) Consideration.--An eligible transportation system access
data set and analytical tool shall take into consideration safe
and connected networks for walking, cycling, and persons with
disabilities.
(h) Definitions.--In this section:
(1) Transportation system access.--The term ``transportation
system access'' has the meaning given such term in section 101
of title 23, United States Code.
(2) Services.--The term ``services'' has the meaning given
such term in section 150(f) of title 23, United States Code.
SEC. 1404. TRANSPORTATION DEMAND DATA AND MODELING STUDY.
(a) Study.--
(1) In general.--The Secretary of Transportation shall
conduct a study on transportation demand data and modeling,
including transportation demand forecasting.
(2) Contents.--In carrying out the study under this section,
the Secretary shall--
(A) collect observed transportation demand data and
transportation demand forecasts from States and
metropolitan planning organizations, including data and
forecasts on--
(i) traffic counts;
(ii) transportation mode share and public
transportation ridership; and
(iii) vehicle occupancy measures;
(B) compare the transportation demand forecasts with
the observed transportation demand data gathered under
subparagraph (A); and
(C) use the information described in subparagraphs
(A) and (B) to--
(i) develop best practices and guidance for
States and metropolitan planning organizations
to use in forecasting transportation demand for
future investments in transportation
improvements;
(ii) evaluate the impact of transportation
investments, including new roadway capacity, on
transportation behavior and transportation
demand, including public transportation
ridership, induced highway transportation, and
congestion;
(iii) support more accurate transportation
demand forecasting by States and metropolitan
planning organizations;
(iv) enhance the capacity of States and
metropolitan planning organizations to--
(I) forecast transportation demand;
and
(II) track observed transportation
behavior responses, including induced
transportation, to changes in
transportation capacity, pricing, and
land use patterns; and
(v) develop transportation demand management
strategies to maximize the efficiency of the
transportation system, improve mobility, reduce
congestion, and lower vehicle emissions.
(3) Covered entities.--In carrying out the study under this
section, the Secretary shall ensure that data and forecasts
described in paragraph (2)(A) are collected from--
(A) States;
(B) metropolitan planning organizations that serve an
area with a population of 200,000 people or fewer; and
(C) metropolitan planning organizations that serve an
area with a population of over 200,000 people.
(4) Working with the private sector.--In carrying out this
section, the Secretary may, and is encouraged to, procure
additional data as necessary from university transportation
centers, private sector providers, and other entities as is
needed and may use funds authorized under section 503(b) of
title 23, United States Code, for carrying out this paragraph.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report containing
the findings of the study conducted under subsection (a).
(c) Secretarial Support.--The Secretary shall seek opportunities to
support the transportation planning processes under sections 134 and
135 of title 23, United States Code, through the provision of data to
States and metropolitan planning organizations to improve the quality
of transportation plans, models, and demand forecasts.
SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of
Federal Regulations, to ensure that the outer years of a metropolitan
transportation plan are defined as ``beyond the first 4 years''.
Subtitle E--Federal Lands, Tribes, and Territories
SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
Section 165 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``$158,000,000'' and
inserting ``$210,000,000''; and
(B) in paragraph (2) by striking ``$42,000,000'' and
inserting ``$100,000,000'';
(2) in subsection (c)(6)(A)(iii) by striking ``in accordance
with subsections (b) and (c) of section 129'' and inserting
``including such boats, facilities, and approaches that are
privately or majority-privately owned, provided that such
boats, facilities, and approaches provide a substantial public
benefit''; and
(3) by adding at the end the following:
``(d) Participation of Territories in Discretionary Programs.--For
any program in which the Secretary may allocate funds out of the
Highway Trust Fund (other than the Mass Transit Account) to a State at
the discretion of the Secretary, the Secretary may allocate funds to
one or more territory for any project or activity that otherwise would
be eligible under such program if such project or activity was being
carried out in a State.''.
SEC. 1502. TRIBAL TRANSPORTATION PROGRAM.
Section 202 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1) by striking ``improving
deficient'' and inserting ``the construction and
reconstruction of'';
(B) in paragraph (2)--
(i) in subparagraph (A) by inserting
``construct,'' after ``project to''; and
(ii) in subparagraph (B)--
(I) by striking ``deficient''; and
(II) by inserting ``in poor
condition'' after ``facility bridges'';
and
(C) in paragraph (3)--
(i) in the heading by striking ``Eligible
bridges'' and inserting ``Eligibility for
existing bridges'';
(ii) by striking ``a bridge'' and inserting
``an existing bridge''; and
(iii) in subparagraph (C) by striking
``structurally deficient or functionally
obsolete'' and inserting ``in poor condition'';
and
(2) in subsection (e) by striking ``for eligible projects
described in section 148(a)(4).'' and inserting the following:
``for--
``(A) eligible projects described in section
148(a)(4);
``(B) projects to promote public awareness and
education concerning highway safety matters (including
bicycle, all-terrain, motorcyclist, and pedestrian
safety); or
``(C) projects to enforce highway safety laws.''.
SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
(a) Tribal Transportation Program.--Section 202 of title 23, United
States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Tribal High Priority Projects Program.--Before making any
distribution under subsection (b), the Secretary shall set aside
$50,000,000 from the funds made available under the tribal
transportation program for each fiscal year to carry out the Tribal
High Priority Projects program under section 1123 of MAP-21 (23 U.S.C.
202 note).''.
(b) Tribal High Priority Projects Program.--Section 1123 of MAP-21
(23 U.S.C. 202 note) is amended--
(1) in subsection (a)(1)(C) by striking ``required by that
section'' and inserting ``required under such program'';
(2) in subsection (b)(1) by striking ``use amounts made
available under subsection (h) to'';
(3) in subsection (d)--
(A) in paragraph (2) by inserting ``, in consultation
with the Secretary of the Interior,'' after ``The
Secretary''; and
(B) in paragraph (3) by striking ``of the Interior''
each place it appears;
(4) in subsection (f) by striking ``$1,000,000'' and
inserting ``$5,000,000'';
(5) in subsection (g) by striking ``and the Secretary'' and
inserting ``or the Secretary''; and
(6) by striking subsection (h) and inserting the following:
``(h) Administration.--The funds made available to carry out this
section shall be administered in the same manner as funds made
available for the Tribal transportation program under section 202 of
title 23, United States Code.''.
SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM.
(a) In General.--Section 203(a) of title 23, United States Code, is
amended by adding at the end the following:
``(6) Transfer for high-commuter corridors.--
``(A) Request.--If the head of a covered agency
determines that a high-commuter corridor requires
additional investment, based on the criteria described
in subparagraph (D), the head of a covered agency, with
respect to such corridor, shall submit to the State--
``(i) information on condition of pavements
and bridges;
``(ii) an estimate of the amounts needed to
bring such corridor into a state of good
repair, taking into consideration any planned
future investments; and
``(iii) at the discretion of the head of a
covered agency, a request that the State
transfer to the covered agency, under the
authority of section 132 or section 204, or to
the Federal Highway Administration, under the
authority of section 104, a portion of such
amounts necessary to address the condition of
the corridor.
``(B) State response.--Not later than 45 days after
the date of receipt of the request described in
subparagraph (A)(iii), the State shall--
``(i) approve the request;
``(ii) deny the request and explain the
reasons for such denial; or
``(iii) request any additional information
necessary to take action on the request.
``(C) Notification to the secretary.--The head of a
covered agency shall provide to the Secretary a copy of
any request described under subparagraph (A)(iii) and
response described under subparagraph (B).
``(D) Criteria.--In making a determination under
subparagraph (A), the head of a covered agency, with
respect to the corridor, shall consider--
``(i) the condition of roads, bridges, and
tunnels; and
``(ii) the average annual daily traffic.
``(E) Definitions.--In this paragraph:
``(i) Covered agency.--The term `covered
agency' means a Federal agency eligible to
receive funds under this section or section,
section 203, or section 204.
``(ii) High-commuter corridor.--The term
`high-commuter corridor' means a Federal lands
transportation facility that has average annual
daily traffic of not less than 20,000
vehicles.''.
(b) GAO Study Regarding NPS Maintenance.--
(1) Study.--The Comptroller General of the United States
shall study the National Park Service maintenance
prioritization of Federal lands transportation facilities.
(2) Contents.--At minimum, the study under paragraph (1)
shall examine--
(A) general administrative maintenance of the
National Park Service;
(B) how the National Park Service currently
prioritizes maintenance of Federal facilities covered
under the Federal Lands Transportation Program;
(C) what kind of maintenance the National Parkway
Service is performing;
(D) to what degree does the National Park Service
prioritize high-commuter corridors; and
(E) how the National Park Service can better service
the needs of high commuter corridors.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report summarizing the study and the
results of such study, including recommendations for addressing
the maintenance needs and prioritization of high-commuter
corridors.
(4) Definition of high-commuter corridor.--In this section,
the term ``high-commuter corridor'' means a Federal lands
transportation facility that has average annual daily traffic
of not less than 20,000 vehicles.
SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 207 the following:
``Sec. 208. Federal lands and Tribal major projects program
``(a) Establishment.--The Secretary shall establish a Federal lands
and Tribal major projects program (referred to in this section as the
`program') to provide funding to construct, reconstruct, or
rehabilitate critical Federal lands and Tribal transportation
infrastructure.
``(b) Eligible Applicants.--
``(1) In general.--Except as provided in paragraph (2),
entities eligible to receive funds under sections 201, 202,
203, and 204 may apply for funding under the program.
``(2) Special rule.--A State, county, or unit of local
government may only apply for funding under the program if
sponsored by an eligible Federal land management agency or
Indian Tribe.
``(c) Eligible Projects.--An eligible project under the program shall
be on a Federal lands transportation facility, a Federal lands access
transportation facility, or a tribal transportation facility, except
that such facility is not required to be included in an inventory
described in section 202 or 203, and for which--
``(1) the project--
``(A) has completed the activities required under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) which has been demonstrated through--
``(i) a record of decision with respect to
the project;
``(ii) a finding that the project has no
significant impact; or
``(iii) a determination that the project is
categorically excluded; or
``(B) is reasonably expected to begin construction
not later than 18 months after the date of obligation
of funds for the project; and
``(2) the project has an estimated cost equal to or
exceeding--
``(A) $12,500,000 if it is on a Federal lands
transportation facility or a Federal lands access
transportation facility; and
``(B) $5,000,000 if it is on a Tribal transportation
facility.
``(d) Eligible Activities.--Grant amounts received for a project
under this section may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, and rehabilitation
activities.
``(e) Applications.--Eligible applicants shall submit to the
Secretary an application at such time, in such form, and containing
such information as the Secretary may require.
``(f) Project Requirements.--The Secretary may select a project to
receive funds under the program only if the Secretary determines that
the project--
``(1) improves the condition of critical transportation
facilities, including multimodal facilities;
``(2) cannot be easily and efficiently completed with amounts
made available under section 202, 203, or 204; and
``(3) is cost effective.
``(g) Merit Criteria.--In making a grant under this section, the
Secretary shall consider whether the project--
``(1) will generate state of good repair, resilience,
economic competitiveness, quality of life, mobility, or safety
benefits;
``(2) in the case of a project on a Federal lands
transportation facility or a Federal lands access
transportation facility, has costs matched by funds that are
not provided under this section or this title; and
``(3) generates benefits for land owned by multiple Federal
land management agencies or Indian Tribes, or which spans
multiple States.
``(h) Evaluation and Rating.--To evaluate applications, the Secretary
shall--
``(1) determine whether a project meets the requirements
under subsection (f);
``(2) evaluate, through a discernable and transparent
methodology, how each application addresses one or more merit
criteria established under subsection (g);
``(3) assign a rating for each merit criteria for each
application; and
``(4) consider applications only on the basis of such quality
ratings and which meet the minimally acceptable level for each
of the merit criteria.
``(i) Cost Share.--
``(1) Federal lands projects.--
``(A) In general.--Notwithstanding section 120, the
Federal share of the cost of a project on a Federal
lands transportation facility or a Federal lands access
transportation facility shall be up to 90 percent.
``(B) Non-federal share.--Notwithstanding any other
provision of law, any Federal funds may be used to pay
the non-Federal share of the cost of a project carried
out under this section.
``(2) Tribal projects.--The Federal share of the cost of a
project on a Tribal transportation facility shall be 100
percent.
``(j) Use of Funds.--For each fiscal year, of the amounts made
available to carry out this section, not more than 50 percent shall be
used for eligible projects on Federal lands transportation facilities
or Federal lands access transportation facilities and Tribal
transportation facilities, respectively.''.
(b) Clerical Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by inserting after the item relating to
section 207 the following new item:
``208. Federal lands and Tribal major projects program.''.
(c) Repeal.--Section 1123 of the FAST Act (23 U.S.C. 201 note), and
the item related to such section in the table of contents under section
1(b) of such Act, are repealed.
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
Section 102 of title 49, United States Code, is amended--
(1) in subsection (e)(1)--
(A) by striking ``6 Assistant'' and inserting ``7
Assistant'';
(B) in subparagraph (C) by striking ``; and'' and
inserting a semicolon;
(C) by redesignating subparagraph (D) as subparagraph
(E); and
(D) by inserting after subparagraph (C) the
following:
``(D) an Assistant Secretary for Tribal Government
Affairs, who shall be appointed by the President;
and''; and
(2) in subsection (f)--
(A) in the heading by striking ``Deputy Assistant
Secretary for Tribal Government Affairs'' and inserting
``Office of Tribal Government Affairs''; and
(B) by striking paragraph (1) and inserting the
following:
``(1) Establishment.--There is established in the Department
an Office of Tribal Government Affairs, under the Assistant
Secretary for Tribal Government Affairs, to--
``(A) oversee the Tribal transportation self-
governance program under section 207 of title 23;
``(B) plan, coordinate, and implement policies and
programs serving Indian Tribes and Tribal
organizations;
``(C) coordinate Tribal transportation programs and
activities in all offices and administrations of the
Department;
``(D) provide technical assistance to Indian Tribes
and Tribal organizations; and
``(E) be a participant in any negotiated rulemakings
relating to, or having an impact on, projects,
programs, or funding associated with the tribal
transportation program under section 202 of title
23.''.
SEC. 1507. ALTERNATIVE CONTRACTING METHODS.
(a) Land Management Agencies and Tribal Governments.--Section 201 of
title 23, United States Code, is amended by adding at the end the
following:
``(f) Alternative Contracting Methods.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may use a contracting method available to a
State under this title on behalf of--
``(A) a Federal land management agency, with respect
to any funds available pursuant to section 203 or 204;
``(B) a Federal land management agency, with respect
to any funds available pursuant to section 1535 of
title 31 for any eligible use described in sections
203(a)(1) and 204(a)(1) of this title; or
``(C) a Tribal Government, with respect to any funds
available pursuant to section 202(b)(7)(D).
``(2) Methods described.--The contracting methods referred to
in paragraph (1) shall include, at a minimum--
``(A) project bundling;
``(B) bridge bundling;
``(C) design-build contracting;
``(D) 2-phase contracting;
``(E) long-term concession agreements; and
``(F) any method tested, or that could be tested,
under an experimental program relating to contracting
methods carried out by the Secretary.
``(3) Rule of construction.--Nothing in this subsection--
``(A) affects the application of the Federal share
for a project carried out with a contracting method
under this subsection; or
``(B) modifies the point of obligation of Federal
salaries and expenses.''.
(b) Use of Alternative Contracting Method.--In carrying out the
amendments made by this section, the Secretary shall--
(1) in consultation with the applicable Federal land
management agencies, establish procedures that are--
(A) applicable to each alternative contracting
method; and
(B) to the maximum extent practicable, consistent
with requirements for Federal procurement transactions;
(2) solicit input on the use of each alternative contracting
method from any affected industry prior to using such method;
and
(3) analyze and prepare an evaluation of the use of each
alternative contracting method.
SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES.
(a) In General.--The Commissioner of the Bureau of Reclamation may
transfer ownership of a bridge that is owned by the Bureau of
Reclamation if--
(1) the ownership of the bridge is transferred to a State
with the concurrence of such State;
(2) the State to which ownership is transferred agrees to
operate and maintain the bridge;
(3) the transfer of ownership complies with all applicable
Federal requirements, including--
(A) section 138 of title 23, United States Code;
(B) section 306108 of title 54, United States Code;
and
(C) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(4) the Bureau of Reclamation and the State to which
ownership is being transferred jointly notify the Secretary of
Transportation of the intent to conduct a transfer prior to
such transfer.
(b) Access.--In a transfer of ownership of a bridge under this
section, the Commissioner of the Bureau of Reclamation--
(1) shall not be required to transfer ownership of the land
on which the bridge is located or any adjacent lands; and
(2) shall make arrangements with the State to which ownership
is being transferred to allow for adequate access to such
bridge, including for the purposes of construction,
maintenance, and bridge inspections pursuant to section 144 of
title 23, United States Code.
SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO INDIAN TRIBES.
Not later than January 31 of each year, the Secretary of
Transportation shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that--
(1) identifies the number of Indian Tribes that were direct
recipients of funds under any discretionary Federal highway,
transit, or highway safety program in the prior fiscal year;
(2) lists the total amount of such funds made available
directly to such Tribes;
(3) identifies the number and location of Indian Tribes that
were indirect recipients of funds under any formula-based
Federal highway, transit, or highway safety program in the
prior fiscal year; and
(4) lists the total amount of such funds made available
indirectly to such tribes through states or other direct
recipients of Federal highway, transit or highway safety
funding.
SEC. 1510. GAO STUDY.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the deferred maintenance of United States forest
roads, including--
(1) the current backlog;
(2) the current actions on such maintenance and backlog;
(3) the impacts of public safety due to such deferred
maintenance; and
(4) recommendations for Congress on ways to address such
backlog.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report containing the results of the study conducted under
subsection (a).
Subtitle F--Additional Provisions
SEC. 1601. VISION ZERO.
(a) In General.--A local government, metropolitan planning
organization, or regional transportation planning organization may
develop and implement a vision zero plan to significantly reduce or
eliminate transportation-related fatalities and serious injuries within
a specified timeframe, not to exceed 20 years.
(b) Use of Funds.--Amounts apportioned to a State under paragraph (2)
or (3) of section 104(b) of title 23, United States Code, may be used
to carry out a vision zero plan under this section.
(c) Contents of Plan.--A vision zero plan under this section shall
include--
(1) a description of programs, strategies, or policies
intended to significantly reduce or eliminate transportation-
related fatalities and serious injuries within a specified
timeframe, not to exceed 20 years, that is consistent with a
State strategic highway safety plan and uses existing
transportation data and consideration of risk factors;
(2) plans for implementation of, education of the public
about, and enforcement of such programs, strategies, or
policies;
(3) a description of how such programs, strategies, or
policies, and the enforcement of such programs, strategies, or
policies will--
(A) equitably invest in the safety needs of low-
income and minority communities;
(B) ensure that such communities are not
disproportionately targeted by law enforcement; and
(C) protect the rights of members of such communities
with respect to title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.); and
(4) a description of a mechanism to evaluate progress of the
development and implementation of the plan, including the
gathering and use of transportation safety and demographic
data.
(d) Inclusions.--A vision zero plan may include a complete streets
prioritization plan that identifies a specific list of projects to--
(1) create a connected network of active transportation
facilities, including sidewalks, bikeways, or pedestrian and
bicycle trails, to connect communities and provide safe,
reliable, affordable, and convenient access to employment,
housing, and services, consistent with the goals described in
section 150(b) of title 23, United States Code;
(2) integrate active transportation facilities with public
transportation service or improve access to public
transportation; and
(3) improve transportation options for low-income and
minority communities.
(e) Coordination.--A vision zero plan under this section shall
provide for coordination of various subdivisions of a unit of local
government in the implementation of the plan, including subdivisions
responsible for law enforcement, public health, data collection, and
public works.
(f) Safety Performance Management.--A vision zero plan under this
section is not sufficient to demonstrate compliance with the safety
performance or planning requirements of section 148 or 150 of title 23,
United States Code.
SEC. 1602. SPEED LIMITS.
(a) Speed Limits.--The Secretary of Transportation shall revise the
Manual on Uniform Traffic Control Devices to provide for a safe system
approach to setting speed limits, consistent with the safety
recommendations issued by the National Transportation Safety Board on
August 15, 2017, numbered H-17-27 and H-17-028.
(b) Considerations.--In carrying out subparagraph (A), the Secretary
shall consider--
(1) crash statistics;
(2) road geometry characteristics;
(3) roadside characteristics;
(4) traffic volume;
(5) the possibility and likelihood of human error;
(6) human injury tolerance;
(7) the prevalence of vulnerable road users; and
(8) any other consideration, consistent with a safe system
approach, as determined by the Secretary.
(c) Report on Speed Management Program Plan.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall update and
report on the implementation progress of the Speed Management Program
Plan of the Department of Transportation, as described in the safety
recommendation issued by the National Transportation Safety Board on
August 15, 2017, numbered H-17-018.
(d) Definitions.--In this section, the terms ``safe system approach''
and ``vulnerable road user'' have the meanings given such terms in
section 148(a) of title 23, United States Code.
SEC. 1603. BROADBAND INFRASTRUCTURE DEPLOYMENT.
(a) Definitions.--In this section:
(1) Appropriate state agency.--The term ``appropriate State
agency'' means a State governmental agency that is recognized
by the executive branch of the State as having the experience
necessary to evaluate and facilitate the installation and
operation of broadband infrastructure within the State.
(2) Broadband.--The term ``broadband'' has the meaning given
the term ``advanced telecommunications capability'' in section
706 of the Telecommunications Act of 1996 (47 U.S.C. 1302).
(3) Broadband conduit.--The term ``broadband conduit'' means
a conduit or innerduct for fiber optic cables (or successor
technology of greater quality and speed) that supports the
provision of broadband.
(4) Broadband infrastructure.--The term ``broadband
infrastructure'' means any buried or underground facility and
any wireless or wireline connection that enables the provision
of broadband.
(5) Broadband provider.--The term ``broadband provider''
means an entity that provides broadband to any person or
facilitates provision of broadband to any person, including,
with respect to such entity--
(A) a corporation, company, association, firm,
partnership, nonprofit organization, or any other
private entity;
(B) a State or local broadband provider;
(C) an Indian Tribe; and
(D) a partnership between any of the entities
described in subparagraphs (A), (B), and (C).
(6) Covered highway construction project.--
(A) In general.--The term ``covered highway
construction project'' means, without regard to
ownership of a highway, a project to construct a new
highway or an additional lane for an existing highway,
to reconstruct an existing highway, or new
construction, including for a paved shoulder.
(B) Exclusions.--The term ``covered highway
construction project'' excludes any project--
(i) awarded before the date on which
regulations required under subsection (b) take
effect;
(ii) that does not include work beyond the
edge of pavement or current paved shoulder; or
(iii) that does not require excavation.
(7) Dig once requirement.--The term ``dig once requirement''
means a requirement designed to reduce the cost and accelerate
the deployment to broadband by minimizing the number and scale
of repeated excavations for the installation and maintenance of
broadband conduit or broadband infrastructure in rights-of-way.
(8) Indian tribe.--The term ``Indian Tribe'' has the meaning
given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(9) NTIA administrator.--The term ``NTIA Administrator''
means the Assistant Secretary of Commerce for Communications
and Information.
(10) Project.--The term ``project'' has the meaning given
such term in section 101 of title 23, United States Code.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(12) State.--The term ``State'' has the meaning given such
term in section 401 of title 23, United States Code.
(13) State or local broadband provider.--The term ``State or
local broadband provider'' means a State or political
subdivision thereof, or any agency, authority, or
instrumentality of a State or political subdivision thereof,
that provides broadband to any person or facilitates the
provision of broadband to any person in that State.
(14) Tribal government.--The term ``Tribal government'' means
the recognized governing body of an Indian Tribe or any agency,
authority, or instrumentality of such governing body or such
Indian Tribe.
(b) Dig Once Requirement.--To facilitate the installation of
broadband infrastructure, the Secretary shall, not later than 9 months
after the date of enactment of this Act, promulgate regulations to
ensure that each State that receives funds under chapter 1 of title 23,
United States Code, meets the following requirements:
(1) Broadband planning.--The State department of
transportation, in consultation with appropriate State
agencies, shall--
(A) identify a broadband coordinator, who may have
additional responsibilities in the State department of
transportation or in another State agency, that is
responsible for facilitating the broadband
infrastructure right-of-way efforts within the State;
and
(B) review existing State broadband plans, including
existing dig once requirements of the State, municipal
governments incorporated under State law, and Tribal
governments within the State, to determine
opportunities to coordinate projects occurring within
or across highway rights-of-way with planned broadband
infrastructure projects.
(2) Notice of planned construction for broadband providers.--
(A) Notice.--The State department of transportation,
in consultation with appropriate State agencies, shall
establish a process--
(i) for the registration of broadband
providers that seek to be included in the
advance notification of, and opportunity to
participate in, broadband infrastructure right-
of-way facilitation efforts within the State;
and
(ii) to electronically notify all broadband
providers registered under clause (i)--
(I) of the State transportation
improvement program on at least an
annual basis; and
(II) of projects within the highway
right-of-way for which Federal funding
is expected to be obligated in the
subsequent fiscal year.
(B) Website.--A State department of transportation
shall be considered to meet the requirements of
subparagraph (A) if such State department of
transportation publishes on a public website--
(i) the State transportation improvement
program on at least an annual basis; and
(ii) projects within the highway right-of-way
for which Federal funding is expected to be
obligated in the subsequent fiscal year.
(C) Coordination.--The State department of
transportation, in consultation with appropriate State
agencies, shall establish a process for a broadband
provider to commit to installing broadband conduit or
broadband infrastructure as part of any project.
(3) Required installation of conduit.--
(A) In general.--The State department of
transportation shall install broadband conduit, in
accordance with this paragraph, except as described in
subparagraph (F), as part of any covered highway
construction project, unless a broadband provider has
committed to install broadband conduit or broadband
infrastructure as part of such project in a process
described under paragraph (2)(C).
(B) Installation requirements.--The State department
of transportation shall ensure that--
(i) an appropriate number of broadband
conduits, as determined in consultation with
the appropriate State agencies, are installed
along the highway of a covered highway
construction project to accommodate multiple
broadband providers, with consideration given
to the availability of existing conduits;
(ii) the size of each such conduit is
consistent with industry best practices and is
sufficient to accommodate potential demand, as
determined in consultation with the appropriate
State agencies;
(iii) hand holes and manholes necessary for
fiber access and pulling with respect to such
conduit are placed at intervals consistent with
standards determined in consultation with the
appropriate State agencies (which may differ by
type of road, topologies, and rurality) and
consistent with safety requirements;
(iv) each broadband conduit installed
pursuant to this paragraph includes a pull tape
and is capable of supporting fiber optic cable
placement techniques consistent with best
practices; and
(v) is placed at a depth consistent with
requirements of the covered highway
construction project and best practices and
that, in determining the depth of placement,
consideration is given to the location of
existing utilities and cable separation
requirements of State and local electrical
codes.
(C) Guidance for the installation of broadband
conduit.--The Secretary, in consultation with the NTIA
Administrator, shall issue guidance for best practices
related to the installation of broadband conduit as
described in this paragraph and of conduit and similar
infrastructure for intelligent transportation systems
(as such term is defined in section 501 of title 23,
United States Code) that may utilize broadband conduit
installed pursuant to this paragraph.
(D) Access.--
(i) In general.--The State department of
transportation shall ensure that any requesting
broadband provider has access to each broadband
conduit installed pursuant to this paragraph,
on a competitively neutral and
nondiscriminatory basis, and in accordance with
State permitting, licensing, leasing, or other
similar laws and regulations.
(ii) Fee schedule.--The State department of
transportation, in consultation with
appropriate State agencies, shall publish a fee
schedule for a broadband provider to access
conduit installed pursuant to this paragraph.
Fees in such schedule--
(I) shall be consistent with the fees
established pursuant to section 224 of
the Communications Act of 1934 (47
U.S.C. 224);
(II) may vary by topography,
location, type of road, rurality, and
other factors in the determination of
the State; and
(III) may be updated not more
frequently than annually.
(iii) In-kind compensation.--The State
department of transportation may negotiate in-
kind compensation with any broadband provider
requesting access to broadband conduit
installed under the provisions of this
paragraph as a replacement for part or all of,
but not to exceed, the relevant fee in the fee
schedule described in clause (ii).
(iv) Safety considerations.--The State
department of transportation shall require of
broadband providers a process for safe access
to the highway right-of-way during installation
and on-going maintenance of the broadband fiber
optic cables including a traffic control safety
plan.
(v) Communication.--A broadband provider with
access to the conduit installed pursuant to
this subsection shall notify and receive
permission from the relevant agencies of State
responsible for the installation of such
broadband conduit prior to accessing any
highway or highway right-of-way, in accordance
with applicable Federal requirements.
(E) Treatment of projects.--Notwithstanding any other
provision of law, broadband conduit and broadband
infrastructure installation projects under this
paragraph shall comply with section 113(a) of title 23,
United States Code.
(F) Waiver authority.--
(i) In general.--A State department of
transportation may waive the required
installation of broadband conduit for part or
all of any covered highway construction project
under this paragraph if, in the determination
of the State--
(I) broadband infrastructure,
terrestrial broadband infrastructure,
aerial broadband fiber cables, or
broadband conduit is present near a
majority of the length of the covered
highway construction project;
(II) the installation of conduit
increases overall costs of a covered
highway construction project by 1.5
percent or greater;
(III) the installation of broadband
conduit associated with covered highway
construction project will not be
utilized or connected to future
broadband infrastructure in the next 20
years, in the determination of the
State department of transportation, in
consultation with appropriate State
agencies and potentially affected local
governments and Tribal governments;
(IV) the requirements of this
paragraph would require installation of
conduit redundant with a dig once
requirement of a local or Tribal
government;
(V) there exists a circumstance
involving force majeure; or
(VI) other relevant factors, as
determined by the Secretary in
consultation with the NTIA
Administrator through regulation,
warrant a waiver.
(ii) Contents of waiver.--A waiver authorized
under this subparagraph shall--
(I) identify the covered highway
construction project; and
(II) include a brief description of
the determination of the State for
issuing such waiver.
(iii) Availability of waiver.--A waiver
authorized under this subparagraph shall be
included in the plans, specifications, and
estimates for the associated project, as long
as such info is publicly available.
(4) Priority.--If a State provides for the installation of
broadband infrastructure or broadband conduit in the right-of-
way of an applicable project under this subsection, the State
department of transportation, along with appropriate State
agencies, shall carry out appropriate measures to ensure that
any existing broadband providers are afforded equal opportunity
access, as compared to other broadband providers, with respect
to the program under this subsection.
(5) Consultation.--
(A) In general.--In promulgating regulations required
by this subsection or to implement any part of this
section, the Secretary shall consult--
(i) the NTIA Administrator;
(ii) the Federal Communications Commission;
(iii) State departments of transportation;
(iv) appropriate State agencies;
(v) agencies of local governments responsible
for transportation and rights-of-way,
utilities, and telecommunications and
broadband;
(vi) Tribal governments;
(vii) broadband providers; and
(viii) manufacturers of optical fiber,
conduit, pull tape, and related items.
(B) Broadband users.--The Secretary shall ensure that
the entities consulted under clauses (iii) through (vi)
of subparagraph (A) include rural areas and populations
with limited access to broadband infrastructure.
(C) Broadband providers.--The Secretary shall ensure
that the entities consulted under clause (vii) of
subparagraph (A) include entities who provide broadband
to rural areas and populations with limited access to
broadband infrastructure.
(6) Prohibition on unfunded mandate.--
(A) In general.--This subsection shall apply only to
projects for which Federal obligations or expenditures
are initially approved on or after the date regulations
required under this subsection take effect.
(B) No mandate.--Absent an available and dedicated
Federal source of funding--
(i) nothing in this subsection establishes a
mandate or requirement that a State install
broadband conduit in a highway right-of-way;
and
(ii) nothing in paragraph (3) shall establish
any requirement for a State.
(7) Rules of construction.--
(A) State law.--Nothing in this subsection shall be
construed to require a State to install or allow the
installation of broadband conduit or broadband
infrastructure--
(i) that is otherwise inconsistent with what
is allowable under State law; or
(ii) where the State lacks the authority or
property easement necessary for such
installation.
(B) No requirement for installation of mobile
services equipment.--Nothing in this section shall be
construed to require a State, a municipal government
incorporated under State law, or an Indian Tribe to
install or allow for the installation of equipment
essential for the provision of commercial mobile
services (as defined in section 332(d) of the
Communications Act of 1934 (47 U.S.C. 332(d))) or
commercial mobile data service (as defined in section
6001 of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1401)), other than broadband
conduit and associated equipment described in paragraph
(3)(B).
(c) Relation to State Dig Once Requirements.--Nothing in subsection
(b) or any regulations promulgated under subsection (b) shall be
construed to alter or supersede any provision of a State law or
regulation that provides for a dig once requirement that includes
similar or more stringent requirements to the provisions of subsection
(b) and any regulations promulgated under subsection (b).
(d) Dig Once Funding Task Force.--
(1) Establishment.--There is established an independent task
force on funding the nationwide dig once requirement described
in this section to be known as the ``Dig Once Funding Task
Force'' (hereinafter referred to as the ``Task Force'').
(2) Duties.--The duties of the Task Force shall be to--
(A) estimate the annual cost for implementing and
administering a nationwide dig once requirement; and
(B) propose and evaluate options for funding a
nationwide dig once requirement described in this
section that includes--
(i) a discussion of the role and potential
share of costs of--
(I) the Federal Government;
(II) State, local, and Tribal
governments; and
(III) broadband providers; and
(ii) consideration of the role of existing
dig once requirements of State, local, and
Tribal governments and private broadband
investment, with a goal to not discourage or
disincentivize such dig once requirements or
such investment.
(3) Reports.--
(A) Interim report and briefing.--Not later than 9
months after the date of enactment of this Act, the
Task Force shall submit an interim report to Congress
and provide briefings for Congress on the findings of
the Task Force.
(B) Final report.--Not later than 12 months after the
date of enactment of this Act, the Task Force shall
submit a final report to Congress on the findings of
the Task Force.
(4) Members.--
(A) Appointments.--The Task Force shall consist of 14
members, consisting of--
(i) the 2 co-chairs described in subparagraph
(B);
(ii) 6 members jointly appointed by the
Speaker and minority leader of the House of
Representatives, in consultation with the
respective Chairs and Ranking Members of the--
(I) the Committee on Transportation
and Infrastructure of the House of
Representatives;
(II) the Committee on Energy and
Commerce of the House of
Representatives; and
(III) the Committee on Appropriations
of the House of Representatives; and
(iii) 6 members jointly appointed by the
majority leader and minority leader of the
Senate, in consultation with the respective
Chairs and Ranking Members of the--
(I) the Committee on Environment and
Public Works of the Senate;
(II) the Committee on Commerce,
Science, and Transportation of the
Senate; and
(III) the Committee on Appropriations
of the Senate.
(B) Co-chairs.--The Task Force shall be co-chaired by
the Secretary and the NTIA Administrator, or their
designees.
(C) Composition.--The Task Force shall include at
least--
(i) 1 representative from a State department
of transportation;
(ii) 1 representative from a local
government;
(iii) 1 representative from a Tribal
government;
(iv) 1 representative from a broadband
provider;
(v) 1 representative from a State or local
broadband provider;
(vi) 1 representative from a labor union; and
(vii) 1 representative from a public interest
organization.
(D) Appointment deadline.--Members shall be appointed
to the Task Force not later than 60 days after the date
of enactment of this Act.
(E) Effect of lack of appointment by appointment
date.--If 1 or more appointments required under
subparagraph (A) is not made by the appointment date
specified in subparagraph (D), the authority to make
such appointment or appointments shall expire and the
number of members of the Task Force shall be reduced by
the number equal to the number of appointments so
expired.
(F) Terms.--Members shall be appointed for the life
of the Task Force. A vacancy in the Task Force shall
not affect its powers and shall be filled in the same
manner as the initial appointment was made.
(5) Consultations.--In carrying out the duties required under
this subsection, the Task Force shall consult, at a minimum--
(A) the Federal Communications Commission;
(B) agencies of States including--
(i) State departments of transportation; and
(ii) appropriate State agencies;
(C) agencies of local governments responsible for
transportation and rights of way, utilities, and
telecommunications and broadband;
(D) Tribal governments;
(E) broadband providers and other telecommunications
providers;
(F) labor unions; and
(G) State or local broadband providers and Tribal
governments that act as broadband providers.
(6) Additional provisions.--
(A) Expenses for non-federal members.--Non-Federal
members of the Task Force shall be allowed travel
expenses, including per diem in lieu of subsistence, at
rates authorized for employees under subchapter I of
chapter 57 of title 5, United States Code, while away
from their homes or regular places of business in the
performance of services for the Task Force.
(B) Staff.--Staff of the Task Force shall comprise
detailees with relevant expertise from the Department
of Transportation and the National Telecommunications
and Information Administration, or another Federal
agency the co-chairpersons consider appropriate, with
the consent of the head of the Federal agency, and such
detailee shall retain the rights, status, and
privileges of his or her regular employment without
interruption.
(C) Administrative assistance.--The Secretary and
NTIA Administrator shall provide to the Task Force on a
reimbursable basis administrative support and other
services for the performance of the functions of the
Task Force.
(7) Termination.--The Task Force shall terminate not later
than 90 days after issuance of the final report required under
paragraph (3)(B).
SEC. 1604. BALANCE EXCHANGES FOR INFRASTRUCTURE PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
further amended by adding at the end the following:
``Sec. 174. Balance Exchanges for Infrastructure Program
``(a) Definitions.--In this section:
``(1) Administratively allocated.--The term `administratively
allocated' means the allocation by the Secretary of budget
authority for a project under the TIFIA program that occurs
when--
``(A) a potential applicant has been invited into the
creditworthiness phase for a project under the TIFIA
program; or
``(B) the project is subject to a master credit
agreement (as defined in section 601(a)), in accordance
with section 602(b)(2).
``(2) Appalachian state.--The term `Appalachian State' means
a State that contains 1 or more counties in the Appalachian
region (as defined in section 14102(a) of title 40).
``(3) Program.--The term `program' means the Balance
Exchanges for Infrastructure Program established under
subsection (b).
``(4) TIFIA carryover balance.--
``(A) In general.--The term `TIFIA carryover balance'
means the amounts made available for the TIFIA program
for previous fiscal years that are unobligated and have
not been administratively allocated.
``(B) Inclusion.--The term `TIFIA carryover balance'
includes--
``(i) the applicable amount of contract
authority for the amounts described in
subparagraph (A); and
``(ii) the equivalent amount of obligation
limitation for the fiscal year in which the
Secretary makes a transfer under subsection
(f)(2).
``(5) TIFIA program.--The term `TIFIA program' has the
meaning given the term in section 601(a).
``(b) Establishment.--The Secretary shall establish a program, to be
known as the `Balance Exchanges for Infrastructure Program', in
accordance with this section to provide flexibility for the Secretary
and States to improve highway infrastructure.
``(c) Offer To Fund Projects or Exchange Funds.--
``(1) Solicitation.--For each fiscal year for which an amount
is reserved under subsection (f)(1), the Secretary shall--
``(A) not later than December 1 of that fiscal year--
``(i) solicit requests from Appalachian
States to return amounts under subsection
(d)(1)(A); and
``(ii) solicit applications from Appalachian
States for grants under subsection (e); and
``(B) require that, not later than 60 days after the
date of the solicitations under subparagraph (A), each
Appalachian State that elects to participate in the
program shall submit to the Secretary either--
``(i) a request that describes the amount
that the Appalachian State requests to return
under subsection (d)(1)(A); or
``(ii) an application for a grant under
subsection (e).
``(d) Exchange Agreements.--
``(1) In general.--The Secretary shall enter into an
agreement with each Appalachian State that submits a request
under subsection (c)(1)(A)(i) under which--
``(A) the Appalachian State shall return to the
Secretary all, or at the discretion of the Appalachian
State, a portion of, the unobligated amounts from the
Highway Trust Fund (including the applicable amount of
contract authority and an equal amount of special no-
year obligation limitation associated with that
contract authority) apportioned to the Appalachian
State for the Appalachian development highway system
under section 14501 of title 40 (but not including any
amounts made available by an appropriations Act without
an initial authorization); and
``(B) the Secretary shall transfer to the Appalachian
State, from amounts transferred to the program under
subsection (f)(2) for that fiscal year, an amount
(including the applicable amount of contract authority
and an equal amount of annual obligation limitation)
equal to the amount that the Appalachian State returned
under subparagraph (A) that shall be used to carry out
projects described in paragraph (3).
``(2) State limitation.--The amount of contract authority
returned by an Appalachian State under paragraph (1)(A) may not
exceed the amount of the special no-year obligation limitation
available to the Appalachian State prior to the return of the
special no-year obligation limitation under that paragraph.
``(3) Eligible projects.--
``(A) In general.--A project eligible to be carried
out using funds transferred to an Appalachian State
under paragraph (1)(B) is a project described in
subsections (b) and (c) of section 133.
``(B) Federal share.--The Federal share of the cost
of a project carried out using funds transferred to an
Appalachian State under paragraph (1)(B) shall be up to
100 percent, at the discretion of the Appalachian
State.
``(C) Application of section 133.--Except as
otherwise provided in this paragraph, section 133 shall
not apply to a project carried out using funds
transferred to an Appalachian State under paragraph
(1)(B).
``(4) Total limitation.--For each fiscal year, the total
amount exchanged under paragraph (1) shall not exceed the
amount available to be transferred to the program under
subsection (f).
``(5) Amounts exchanged.--For each fiscal year, if the total
amount requested by all Appalachian States to return under
paragraph (1)(A) is greater than the amount described in
paragraph (4), the Secretary shall exchange amounts under
paragraph (1) based on the proportion that--
``(A) the amount requested to be returned for the
fiscal year by the Appalachian State; bears to
``(B) the amount requested to be returned for the
fiscal year by all Appalachian States.
``(e) Appalachian Development Highway System Corridor Grants.--
``(1) In general.--Using amounts returned to the Secretary
under subsection (d)(1)(A), the Secretary shall provide grants
of contract authority, to remain available until expended, and
subject to special no-year obligation limitation, on a
competitive basis to Appalachian States for eligible projects
described in paragraph (2).
``(2) Eligible project.--A project eligible to be carried out
with a grant under this subsection is a project that is--
``(A) eligible under section 14501 of title 40 as of
the date of enactment of this section; and
``(B) reasonably expected to begin construction by
not later than 2 years after the date of obligation of
funds provided under this subsection for the project.
``(3) Application.--To be eligible to receive a grant under
this subsection, an Appalachian State shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(4) Federal share.--The Federal share of the cost of a
project carried out using a grant provided under this
subsection shall be up to 100 percent, at the discretion of the
Appalachian State.
``(5) Limitation.--An Appalachian State that enters into an
agreement to exchange funds under subsection (d) for any fiscal
year shall not be eligible to receive a grant under this
subsection.
``(f) Transfer From TIFIA Program.--
``(1) In general.--On October 1 of each fiscal year, the
Secretary shall reserve, for the purpose of funding transfers
under paragraph (2) until the transfers are completed, the
amount of TIFIA carryover balance that exceeds the amount
available to carry out the TIFIA program for that fiscal year.
``(2) Transfers.--For each fiscal year, not later than 60
days after the date on which the Secretary receives the
responses to the solicitations under subsection (c)(1), the
Secretary shall transfer from the TIFIA program to the program
an amount of contract authority and equal amount of obligation
limitation that is equal to the lesser of--
``(A) the total amount requested by all Appalachian
States for the fiscal year under subsection
(c)(1)(B)(i);
``(B) the total amount requested by all Appalachian
States for grants under subsection (c)(1)(B)(ii); and
``(C) the amount reserved under paragraph (1).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is further amended by adding at the end the
following:
``174. Balance Exchanges for Infrastructure Program.''.
SEC. 1605. STORMWATER BEST MANAGEMENT PRACTICES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation and the
Administrator shall seek to enter into an agreement with the
Transportation Research Board of the National Academy of
Sciences to under which the Transportation Research Board shall
conduct a study--
(A) to estimate pollutant loads from stormwater
runoff from highways and pedestrian facilities eligible
for assistance under title 23, United States Code, to
inform the development of appropriate total maximum
daily load requirements;
(B) to provide recommendations (including recommended
revisions to existing laws and regulations) regarding
the evaluation and selection by State departments of
transportation of potential stormwater management and
total maximum daily load compliance strategies within a
watershed, including environmental restoration and
pollution abatement carried out under section 328 of
title 23, United States Code;
(C) to examine the potential for the Secretary to
assist State departments of transportation in carrying
out and communicating stormwater management practices
for highways and pedestrian facilities that are
eligible for assistance under title 23, United States
Code, through information-sharing agreements, database
assistance, or an administrative platform to provide
the information described in subparagraphs (A) and (B)
to entities issued permits under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.); and
(D) to examine the benefit of concentrating
stormwater retrofits in impaired watersheds and
selecting such retrofits according to a process that
depends on a watershed management plan developed in
accordance with section 319 of the Federal Water
Pollution Control Act (33 U.S.C. 1329).
(2) Requirements.--In conducting the study under the
agreement entered into pursuant to paragraph (1), the
Transportation Research Board shall--
(A) review and supplement, as appropriate, the
methodologies examined and recommended in the 2019
report of the National Academies of Sciences,
Engineering, and Medicine titled ``Approaches for
Determining and Complying with TMDL Requirements
Related to Roadway Stormwater Runoff'';
(B) consult with--
(i) the Secretary of Transportation;
(ii) the Secretary of Agriculture;
(iii) the Administrator;
(iv) the Secretary of the Army, acting
through the Chief of Engineers; and
(v) State departments of Transportation; and
(C) solicit input from--
(i) stakeholders with experience in
implementing stormwater management practices
for projects; and
(ii) educational and technical stormwater
management groups.
(3) Report.--In carrying out the agreement entered into
pursuant to paragraph (1), not later than 18 months after the
date of enactment of this Act, the Transportation Research
Board shall submit to the Secretary of Transportation, the
Administrator, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Environment and Public Works of the Senate a
report describing the results of the study.
(b) Stormwater Best Management Practices Reports.--
(1) Reissuance.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall update and
reissue the best management practices reports to reflect new
information and advancements in stormwater management.
(2) Updates.--Not less frequently than once every 5 years
after the date on which the Secretary reissues the best
management practices reports under paragraph (1), the Secretary
shall update and reissue the best management practices reports,
unless the contents of the best management practices reports
have been incorporated (including by reference) into applicable
regulations of the Secretary.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Best management practices reports.--The term ``best
management practices reports'' means--
(A) the 2014 report sponsored by the Department of
Transportation titled ``Determining the State of the
Practice in Data Collection and Performance Measurement
of Stormwater Best Management Practices'' (FHWA-HEP-16-
021); and
(B) the 2000 report sponsored by the Department of
Transportation titled ``Stormwater Best Management
Practices in an Ultra-Urban Setting: Selection and
Monitoring''.
(3) Total maximum daily load.--The term ``total maximum daily
load'' has the meaning given such term in section 130.2 of
title 40, Code of Federal Regulations (or successor
regulations).
SEC. 1606. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Architectural and Transportation Barriers Compliance
Board established under section 502(a)(1) of the Rehabilitation Act of
1973 (29 U.S.C. 792), in consultation with the Secretary of
Transportation, shall establish accessibility guidelines setting forth
minimum standards for pedestrian facilities in the public right-of-way.
(b) Content of Guidance.--The guidelines described in subsection (a)
shall be substantially similar to, and carried out under the same
statutory authority as--
(1) the notice of proposed rulemaking published on July 26,
2011, titled ``Accessibility Guidelines for Pedestrian
Facilities in the Public Right-of-Way'' (76 Fed. Reg. 44664);
and
(2) the supplemental notice of proposed rulemaking published
on February 13, 2013, titled ``Accessibility Guidelines for
Pedestrian Facilities in the Public Right-of-Way; Shared Use
Paths'' (78 Fed. Reg. 10110).
(c) Adoption of Regulations.--Not later than 180 days after the
establishment of the guidelines pursuant to subsection (a), the
Secretary shall issue such regulations as are necessary to adopt such
guidelines.
SEC. 1607. HIGHWAY FORMULA MODERNIZATION REPORT.
(a) Highway Formula Modernization Study.--
(1) In general.--The Secretary of Transportation, in
consultation with the State departments of transportation and
representatives of local governments (including metropolitan
planning organizations), shall conduct a highway formula
modernization study to assess the method and data used to
apportion Federal-aid highway funds under subsections (b) and
(c) of section 104 of title 23, United States Code, and issue
recommendations on such method and data.
(2) Assessment.--The highway formula modernization study
required under paragraph (1) shall include an assessment of,
based on the latest available data, whether the apportionment
method under such section results in--
(A) an equitable distribution of funds based on the
estimated tax payments attributable to--
(i) highway users in the State that are paid
into the Highway Trust Fund; and
(ii) individuals in the State that are paid
to the Treasury, based on contributions to the
Highway Trust Fund from the general fund of the
Treasury; and
(B) the achievement of the goals described in section
101(b)(3) of title 23, United States Code.
(3) Considerations.--In carrying out the assessment under
paragraph (2), the Secretary shall consider the following:
(A) The factors described in sections 104(b),
104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23,
United States Code, as in effect on the date of
enactment of SAFETEA-LU (Public Law 109-59).
(B) The availability and accuracy of data necessary
to calculate formula apportionments under the factors
described in subparagraph (A).
(C) The measures established under section 150 of
title 23, United States Code, and whether such measures
are appropriate for consideration as formula
apportionment factors.
(D) The results of the CMAQ formula modernization
study required under subsection (b).
(E) Any other factors that the Secretary determines
are appropriate.
(4) Recommendations.--The Secretary shall, in consultation
with the State departments of transportation and
representatives of local governments (including metropolitan
planning organizations), develop recommendations on a new
apportionment method, including--
(A) the factors recommended to be included in such
apportionment method;
(B) the weighting recommended to be applied to the
factors under subparagraph (A); and
(C) any other recommendations to ensure that the
apportionment method best achieves an equitable
distribution of funds described under paragraph (2)(A)
and the goals described in paragraph (2)(B).
(b) CMAQ Formula Modernization Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Administrator of the Environmental
Protection Agency, shall conduct an CMAQ formula modernization
study to assess whether the apportionment method under section
104(b)(4) of title 23, United States Code, results in a
distribution of funds that best achieves the air quality goals
of section 149 of such title.
(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
modification study.
SEC. 1608. CONSOLIDATION OF PROGRAMS.
Section 1519 of MAP-21 (Public Law 112-141) is amended--
(1) in subsection (a)--
(A) by striking ``fiscal years 2016 through 2020''
and inserting ``fiscal years 2022 through 2025''; and
(B) by striking ``$3,500,000'' and inserting
``$4,000,000'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Federal Share.--The Federal share of the cost of a project or
activity carried out under subsection (a) shall be 100 percent.''.
SEC. 1609. STUDENT OUTREACH REPORT TO CONGRESS.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
report that describes the efforts of the Department of Transportation
to encourage elementary, secondary, and post-secondary students to
pursue careers in the surface transportation sector.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a description of efforts to increase awareness of careers
related to surface transportation among elementary, secondary,
and post-secondary students;
(2) a description of efforts to prepare and inspire such
students for surface transportation careers;
(3) a description of efforts to support the development of a
diverse, well-qualified workforce for future surface
transportation needs; and
(4) the effectiveness of the efforts described in paragraphs
(1) through (3).
SEC. 1610. TASK FORCE ON DEVELOPING A 21ST CENTURY SURFACE
TRANSPORTATION WORKFORCE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall establish a task
force on developing a 21st century surface transportation workforce (in
this section referred to as the ``Task Force'').
(b) Duties.--Not later than 12 months after the establishment of the
Task Force under subsection (a), the Task Force shall develop and
submit to the Secretary recommendations and strategies for the
Department of Transportation to--
(1) evaluate the current and future state of the surface
transportation workforce, including projected job needs in the
surface transportation sector;
(2) identify factors influencing individuals pursuing careers
in surface transportation, including barriers to attracting
individuals into the workforce;
(3) address barriers to retaining individuals in surface
transportation careers;
(4) identify and address potential impacts of emerging
technologies on the surface transportation workforce;
(5) increase access for vulnerable or underrepresented
populations, especially women and minorities, to high-skill,
in-demand surface transportation careers;
(6) facilitate and encourage elementary, secondary, and post-
secondary students in the United States to pursue careers in
the surface transportation sector; and
(7) identify and develop pathways for students and
individuals to secure pre-apprenticeships, registered
apprenticeships, and other work-based learning opportunities in
the surface transportation sector of the United States.
(c) Considerations.--In developing recommendations and strategies
under subsection (b), the Task Force shall--
(1) identify factors that influence whether young people
pursue careers in surface transportation, especially
traditionally underrepresented populations, including women and
minorities;
(2) consider how the Department, businesses, industry, labor,
educators, and other stakeholders can coordinate efforts to
support qualified individuals in pursuing careers in the
surface transportation sector;
(3) identify methods of enhancing surface transportation pre-
apprenticeships and registered apprenticeships, job skills
training, mentorship, education, and outreach programs that are
exclusive to youth in the United States; and
(4) identify potential sources of funding, including grants
and scholarships, that may be used to support youth and other
qualified individuals in pursuing careers in the surface
transportation sector.
(d) Consultation.--In developing the recommendations and strategies
required under subsection (b), the Task Force may consult with--
(1) local educational agencies and institutes of higher
education, including community colleges and vocational schools;
and
(2) State workforce development boards.
(e) Report.--Not later than 60 days after the submission of the
recommendations and strategies under subsection (b), the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and
Public Works of the Senate a report containing such recommendations and
strategies.
(f) Composition of Task Force.--The Secretary shall appoint members
to the Task Force whose diverse background and expertise allow such
members to contribute balanced points of view and ideas in carrying out
this section, comprised of equal representation from each of the
following:
(1) Industries in the surface transportation sector.
(2) Surface transportation sector labor organizations.
(3) Such other surface transportation stakeholders and
experts as the Secretary considers appropriate.
(g) Period of Appointment.--Members shall be appointed to the Task
Force for the duration of the existence of the Task Force.
(h) Compensation.--Task Force members shall serve without
compensation.
(i) Sunset.--The Task Force shall terminate upon the submission of
the report required under subsection (e).
(j) Definitions.--In this section:
(1) Pre-apprenticeship.--The term ``pre-apprenticeship''
means a training model or program that prepares individuals for
acceptance into a registered apprenticeship and has a
demonstrated partnership with 1 or more registered
apprenticeships.
(2) Registered apprenticeship.--The term ``registered
apprenticeship'' means an apprenticeship program registered
under the Act of August 16, 1937 (29 U.S.C. 50 et seq.;
commonly known as the ``National Apprenticeship Act''), that
satisfies the requirements of parts 29 and 30 of title 29, Code
of Federal Regulations (as in effect on January 1, 2020).
SEC. 1611. ON-THE-JOB TRAINING AND SUPPORTIVE SERVICES.
Section 140(b) of title 23, United States Code, is amended to read as
follows:
``(b) Workforce Training and Development.--
``(1) In general.--The Secretary, in cooperation with the
Secretary of Labor and any other department or agency of the
Government, State agency, authority, association, institution,
Indian Tribal government, corporation (profit or nonprofit), or
any other organization or person, is authorized to develop,
conduct, and administer surface transportation and technology
training, including skill improvement programs, and to develop
and fund summer transportation institutes.
``(2) State responsibilities.--A State department of
transportation participating in the program under this
subsection shall--
``(A) develop an annual workforce plan that
identifies immediate and anticipated workforce gaps and
underrepresentation of women and minorities and a
detailed plan to fill such gaps and address such
underrepresentation;
``(B) establish an annual workforce development
compact with the State workforce development board and
appropriate agencies to provide a coordinated approach
to workforce training, job placement, and
identification of training and skill development
program needs, which shall be coordinated to the extent
practical with an institution or agency, such as a
State workforce development board under section 101 of
the Workforce Innovation and Opportunities Act (29
U.S.C. 3111), that has established skills training,
recruitment, and placement resources; and
``(C) demonstrate program outcomes, including--
``(i) impact on areas with transportation
workforce shortages;
``(ii) diversity of training participants;
``(iii) number and percentage of participants
obtaining certifications or credentials
required for specific types of employment;
``(iv) employment outcome, including job
placement and job retention rates and earnings,
using performance metrics established in
consultation with the Secretary of Labor and
consistent with metrics used by programs under
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3101 et seq.); and
``(v) to the extent practical, evidence that
the program did not preclude workers that
participate in training or registered
apprenticeship activities under the program
from being referred to, or hired on, projects
funded under this chapter.
``(3) Funding.--From administrative funds made available
under section 104(a), the Secretary shall deduct such sums as
necessary, not to exceed $10,000,000 in each fiscal year, for
the administration of this subsection. Such sums shall remain
available until expended.
``(4) Nonapplicability of title 41.--Subsections (b) through
(d) of section 6101 of title 41 shall not apply to contracts
and agreements made under the authority granted to the
Secretary under this subsection.
``(5) Use of surface transportation program and national
highway performance program funds.--Notwithstanding any other
provision of law, not to exceed \1/2\ of 1 percent of funds
apportioned to a State under paragraph (1) or (2) of section
104(b) may be available to carry out this subsection upon
request of the State transportation department to the
Secretary.''.
SEC. 1612. WORK ZONE SAFETY.
Section 504(e)(1) of title 23, United States Code, is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(2) by inserting after subparagraph (E) the following:
``(F) tuition and direct educational expenses or
other costs of instruction related to the work zone
safety training and certification of employees of State
and local transportation agencies and surface
transportation construction workers;''.
SEC. 1613. TRANSPORTATION EDUCATION DEVELOPMENT PROGRAM.
Section 504 of title 23, United States Code, is amended--
(1) in subsection (e)(1) by inserting ``and (8) through (9)''
after ``paragraphs (1) through (4)''; and
(2) in subsection (f) by adding at the end the following:
``(4) Reports.--The Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an annual report that includes--
``(A) a list of all grant recipients under this
subsection;
``(B) an explanation of why each recipient was chosen
in accordance with the criteria under paragraph (2);
``(C) a summary of each recipient's objective to
carry out the purpose described in paragraph (1) and an
analysis of progress made toward achieving each such
objective;
``(D) an accounting for the use of Federal funds
obligated or expended in carrying out this subsection;
and
``(E) an analysis of outcomes of the program under
this subsection.''.
SEC. 1614. WORKING GROUP ON CONSTRUCTION RESOURCES.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a working group (in this section referred to as the ``Working Group'')
to conduct a study on access to covered resources for infrastructure
projects.
(b) Membership.--
(1) Appointment.--The Secretary shall appoint to the Working
Group individuals with knowledge and expertise in the
production and transportation of covered resources.
(2) Representation.--The Working Group shall include at least
1 representative of each of the following:
(A) State departments of transportation.
(B) State agencies associated with covered resources
protection.
(C) State planning and geologic survey and mapping
agencies.
(D) Commercial motor vehicle operators, including
small business operators and operators who transport
covered resources.
(E) Covered resources producers.
(F) Construction contractors.
(G) Metropolitan planning organizations and regional
planning organizations.
(H) Indian Tribes, including Tribal elected
leadership or Tribal transportation officials.
(I) Any other stakeholders that the Secretary
determines appropriate.
(3) Termination.--The Working Group shall terminate 6 months
after the date on which the Secretary receives the report under
subsection (e)(1).
(c) Duties.--In carrying out the study required under subsection (a),
the Working Group shall analyze--
(1) the use of covered resources in transportation projects
funded with Federal dollars;
(2) how the proximity of covered resources to such projects
affects the cost and environmental impact of such projects;
(3) whether and how State, Tribal, and local transportation
and planning agencies consider covered resources when
developing transportation projects; and
(4) any challenges for transportation project sponsors
regarding access and proximity to covered resources.
(d) Consultation.--In carrying out the study required under
subsection (a), the Working Group shall consult with, as appropriate--
(1) chief executive officers of States;
(2) State, Tribal, and local transportation and planning
agencies;
(3) other relevant State, Tribal, and local agencies,
including State agencies associated with covered resources
protection;
(4) members of the public with industry experience with
respect to covered resources;
(5) other Federal entities that provide funding for
transportation projects; and
(6) any other stakeholder the Working Group determines
appropriate.
(e) Reports.--
(1) Working group report.--Not later than 2 years after the
date on which the Working Group is established, the Working
Group shall submit to the Secretary a report that includes--
(A) the findings of the study required under
subsection (a), including a summary of comments
received during the consultation process under
subsection (d); and
(B) any recommendations to preserve access to and
reduce the costs and environmental impacts of covered
resources for infrastructure projects.
(2) Departmental report.--Not later than 3 months after the
date on which the Secretary receives the report under paragraph
(1), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a summary of the findings under such report
and any recommendations, as appropriate.
(f) Definitions.--In this section:
(1) Covered resources.--The term ``covered resources'' means
common variety materials used in transportation infrastructure
construction and maintenance, including stone, sand, and
gravel.
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory or
possession of the United States.
SEC. 1615. NUMBERING SYSTEM OF HIGHWAY INTERCHANGES.
(a) In General.--Notwithstanding section 315 of title 23, United
States Code, and section 1.36 of title 23, Code of Federal Regulations,
the Secretary of Transportation may not impose a penalty on a State
that does not comply with section 2E.31 of the Manual on Uniform
Traffic Control Devices (or a successor section) with respect to the
numbering of highway interchanges.
(b) Applicability.--Subsection (a) shall only apply to a method of
numbering of a highway interchange in effect on the date of enactment
of this Act.
SEC. 1616. TOLL CREDITS.
(a) Purposes.--The Secretary of Transportation shall--
(1) identify the extent of the demand to purchase toll
credits;
(2) identify the expected cash price of toll credits;
(3) analyze the impact of the exchange of toll credits on
transportation expenditures; and
(4) identify any other repercussions of establishing a toll
credit exchange.
(b) Solicitation.--To carry out the requirements of this section, the
Secretary shall solicit information from States eligible to use a
credit under section 120(i) of title 23, United States Code,
including--
(1) the amount of unused toll credits, including--
(A) toll revenue generated and the sources of that
revenue;
(B) toll revenue used by public, quasi-public, and
private agencies to build, improve, or maintain
highways, bridges, or tunnels that serve the public
purpose of interstate commerce; and
(C) an accounting of any Federal funds used by the
public, quasi-public, or private agency to build,
improve, or maintain the toll facility, to validate
that the credit has been reduced by a percentage equal
to the percentage of the total cost of building,
improving, or maintaining the facility that was derived
from Federal funds;
(2) the documentation of maintenance of effort for toll
credits earned by the State; and
(3) the accuracy of the accounting system of the State to
earn and track toll credits.
(c) Website.--The Secretary shall make available a publicly
accessible website on which a State eligible to use a credit under
section 120(i) of title 23, United States Code shall publish the
information described under subsection (b)(1).
(d) Evaluation and Recommendations to Congress.--Not later than 2
years after the date of enactment of this Act, the Secretary shall
provide to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available on the website of the
Department of Transportation--
(1) an evaluation of the accuracy of the accounting and
documentation of toll credits earned under section 120(i);
(2) a determination whether a toll credit marketplace is
viable and cost effective;
(3) estimates, to the extent possible, of the average sale
price of toll credits; and
(4) recommendations on any modifications necessary, including
legislative changes, to establish and implement a toll credit
exchange program.
(e) Definition.--In this section, the term ``State'' has the meaning
given the term in section 101(a) of title 23, United States Code.
SEC. 1617. TRANSPORTATION CONSTRUCTION MATERIALS PROCUREMENT.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall initiate a
review of the procurement processes used by State departments of
transportation to select construction materials on projects utilizing
Federal-aid highway funds.
(b) Contents.--The review under subsection (a) shall include--
(1) a review of competitive practices in the bidding process
for transportation construction materials;
(2) a list of States that currently issue bids that include
flexibility in the type of construction materials used to meet
the project specifications;
(3) any information provided by States on considerations that
influence the decision to include competition by type of
material in transportation construction projects;
(4) any data on whether issuing bids that include flexibility
in the type of construction materials used to meet the project
specifications will affect project costs over the lifecycle of
an asset;
(5) any data on the degree to which competition leads to
greater use of sustainable, innovative, or resilient materials;
and
(6) an evaluation of any barriers to more widespread use of
competitive bidding processes for transportation construction
materials.
(c) Report.--Not later than 18 months after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and make publicly
available, a report on the review initiated by the Secretary pursuant
to this section.
SEC. 1618. CONSTRUCTION OF CERTAIN ACCESS AND DEVELOPMENT ROADS.
Section 118(d) of title 23, United States Code, is amended by
striking ``and the Commonwealth of Puerto Rico'' and inserting ``, the
Commonwealth of Puerto Rico, and any other territory of the United
States''.
SEC. 1619. NATIONWIDE ROAD SAFETY ASSESSMENT.
(a) In General.--The Secretary of Transportation shall, every 2
years, conduct nationwide, on-the-ground road safety assessments
focused on pedestrian and bicycle safety in each State.
(b) Requirements.--The assessments required under subsection (a)
shall be conducted--
(1) by Department of Transportation field offices from the
Federal Highway Administration, the National Highway
Transportation Safety Administration, the Federal Transit
Administration, and the Federal Motor Carrier Safety
Administration; and
(2) in consultation with--
(A) State and local agencies with jurisdiction over
pedestrian and bicycle safety;
(B) pedestrian safety and bicycle safety advocacy
organizations; and
(C) other relevant pedestrian and bicycle safety
stakeholders.
(c) Purposes.--The purpose of the assessments under this section is
to--
(1) identify and examine specific locations with documented
or perceived problems with pedestrian and bicycle safety and
access;
(2) examine barriers to providing safe pedestrian and bicycle
access to transportation infrastructure; and
(3) develop and issue recommendations designed to effectively
address specific safety and access issues and enhance
pedestrian and bicycle safety in high risk areas.
(d) Report on State Assessments.--Upon completion of the assessment
of a State, the Secretary shall issue, and make available to the
public, a report containing the assessment that includes--
(1) a list of locations that have been assessed as presenting
a danger to pedestrians or bicyclists; and
(2) recommendations to enhance pedestrian and bicycle safety
in those locations.
(e) Report on Nationwide Program.--Upon completion of the biannual
assessment nationwide required under this section, the Secretary shall
issue, and make available to the public, that covers assessments for
all jurisdictions and also present it to the congressional
transportation committees.
(f) National Pedestrian and Bicycle Safety Database.--The Secretary,
in order to enhance pedestrian and bicycle safety and improve
information sharing on pedestrian and bicycle safety challenges between
the Federal Government and State and local governments, shall maintain
a national pedestrian and bicycle safety database that includes--
(1) a list of high-risk intersections, roads, and highways
with a documented history of pedestrian or bicycle accidents or
fatalities and details regarding those incidents; and
(2) information on corrective measures that have been
implemented at the State, local, or Federal level to enhance
pedestrian and bicyclist safety at those high risk areas,
including details on the nature and date of corrective action.
(g) State Defined.--In this section, the term ``State'' means each of
the States, the District of Columbia, and Puerto Rico.
SEC. 1620. WILDLIFE CROSSINGS.
(a) In General.--
(1) Obligation requirement.--For each of fiscal years 2022
through 2025, of the amounts apportioned to a State under
paragraph (1) of section 104(b) of title 23, United States
Code, each State shall obligate amounts distributed to such
State under subsection (b) for projects and strategies that
reduce vehicle-caused wildlife mortality related to, or to
restore and maintain connectivity among terrestrial or aquatic
habitats affected by, a transportation facility otherwise
eligible for assistance under section 119 of title 23, United
States Code.
(2) Total amount.--The total amount to be obligated by all
States under paragraph (1) shall equal $75,000,000 for each of
fiscal years 2022 through 2025.
(b) Distribution.--Each State's share of the amount described under
subsection (a)(2) shall be determined by multiplying the amount
described under such subsection by the ratio that--
(1) the amount apportioned in the previous fiscal year to the
State under section 104 of title 23, United States Code; bears
to
(2) the total amount of funds apportioned to all States in
the previous fiscal year.
(c) State Flexibility.--
(1) In general.--A State may opt out of the obligation
requirement described under this section if the Governor of the
State notifies the Secretary that the State has inadequate
needs to justify the expenditure not later than 30 days prior
to apportionments being made for any fiscal year.
(2) Use of funds.--A State that exercises the authority under
paragraph (1) may use the funds described under this section
for any purpose described under section 119 of title 23, United
States Code.
SEC. 1621. CLIMATE RESILIENT TRANSPORTATION INFRASTRUCTURE STUDY.
(a) Climate Resilient Transportation Infrastructure Study.--Not later
than 180 days after the date of enactment of this Act, the Secretary of
Transportation shall enter into an agreement with the Transportation
Research Board of the National Academies to conduct a study of the
actions needed to ensure that Federal agencies are taking into account
current and future climate conditions in planning, designing, building,
operating, maintaining, investing in, and upgrading any federally
funded transportation infrastructure investments.
(b) Methodologies.--In conducting the study, the Transportation
Research Board shall build on the methodologies examined and
recommended in--
(1) the 2018 report issued the American Society of Civil
Engineers, titled ``Climate-Resilient Infrastructure: Adaptive
Design and Risk Management''; and
(2) the report issued by the California Climate-Safe
Infrastructure Working Group, titled ``Paying it Forward: The
Path Toward Climate-Safe Infrastructure in California''.
(c) Contents of Study.--The study shall include specific
recommendations regarding the following:
(1) Integrating scientific knowledge of projected climate
change impacts, and other relevant data and information, into
Federal infrastructure planning, design, engineering,
construction, operation and maintenance.
(2) Addressing critical information gaps and challenges.
(3) Financing options to help fund climate-resilient
infrastructure.
(4) A platform or process to facilitate communication between
climate scientists and other experts with infrastructure
planners, engineers and other relevant experts.
(5) A stakeholder process to engage with representatives of
State, local, tribal and community groups.
(6) A platform for tracking Federal funding of climate-
resilient infrastructure.
(d) Considerations.--In carrying out the study, the Transportation
Research Board shall determine the need for information related to
climate resilient transportation infrastructure by considering--
(1) the current informational and institutional barriers to
integrating projected infrastructure risks posed by climate
change into federal infrastructure planning, design,
engineering, construction, operation and maintenance;
(2) the critical information needed by engineers, planners
and those charged with infrastructure upgrades and maintenance
to better incorporate climate change risks and impacts over the
lifetime of projects;
(3) how to select an appropriate, adaptive engineering design
for a range of future climate scenarios as related to
infrastructure planning and investment;
(4) how to incentivize and incorporate systems thinking into
engineering design to maximize the benefits of multiple natural
functions and emissions reduction, as well as regional
planning;
(5) how to take account of the risks of cascading
infrastructure failures and develop more holistic approaches to
evaluating and mitigating climate risks;
(6) how to ensure that investments in infrastructure
resilience benefit all communities, including communities of
color, low-income communities and tribal communities that face
a disproportionate risk from climate change and in many cases
have experienced long-standing unmet needs and underinvestment
in critical infrastructure;
(7) how to incorporate capital assessment and planning
training and techniques, including a range of financing options
to help local and State governments plan for and provide
matching funds; and
(8) how federal agencies can track and monitor federally
funded resilient infrastructure in a coordinated fashion to
help build the understanding of the cost-benefit of resilient
infrastructure and to build the capacity for implementing
resilient infrastructure.
(e) Consultation.--In carrying out the study, the Transportation
Research Board--
(1) shall convene and consult with a panel of national
experts, including operators and users of Federal
transportation infrastructure and private sector stakeholders;
and
(2) is encouraged to consult with--
(A) representatives from the thirteen federal
agencies that comprise the United States Global Change
Research Program;
(B) representatives from the Department of the
Treasury;
(C) professional engineers with relevant expertise in
infrastructure design;
(D) scientists from the National Academies with
relevant expertise;
(E) scientists, social scientists and experts from
academic and research institutions who have expertise
in climate change projections and impacts; engineering;
architecture; or other relevant areas of expertise;
(F) licensed architects with relevant experience in
infrastructure design;
(G) certified planners;
(H) representatives of State, local and Tribal
governments; and
(I) representatives of environmental justice groups.
(f) Report.--Not later than 3 years after the date of enactment of
this Act, the Transportation Research Board shall submit to the
Secretary, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Environment and Public
Works of the Senate a report on the results of the study conducted
under this section.
SEC. 1622. ELIMINATION OF DUPLICATION OF ENVIRONMENTAL REVIEWS AND
APPROVALS.
The Secretary of Transportation shall issue a final rule implementing
the program under section 330 of title 23, United States Code.
SEC. 1623. AMBER ALERTS ALONG MAJOR TRANSPORTATION ROUTES.
(a) In General.--Section 303 of the PROTECT Act (34 U.S.C. 20503) is
amended--
(1) in the section heading, by inserting ``and major
transportation routes'' after ``along highways'';
(2) in subsection (a)--
(A) by inserting ``(referred to in this section as
the `Secretary')'' after ``Secretary of
Transportation''; and
(B) by inserting ``and at airports, maritime ports,
border crossing areas and checkpoints, and ports of
exit from the United States'' after ``along highways'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``other motorist information
systems to notify motorists'' and inserting
``other information systems to notify
motorists, aircraft passengers, ship
passengers, and travelers''; and
(ii) by inserting ``, aircraft passengers,
ship passengers, and travelers'' after
``necessary to notify motorists''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``other
motorist information systems to notify
motorists'' and inserting ``other information
systems to notify motorists, aircraft
passengers, ship passengers, and travelers'';
(ii) in subparagraph (D), by inserting ``,
aircraft passengers, ship passengers, and
travelers'' after ``support the notification of
motorists'';
(iii) in subparagraph (E), by inserting ``,
aircraft passengers, ship passengers, and
travelers'' after ``motorists'', each place it
appears;
(iv) in subparagraph (F), by inserting ``,
aircraft passengers, ship passengers, and
travelers'' after ``motorists''; and
(v) in subparagraph (G), by inserting ``,
aircraft passengers, ship passengers, and
travelers'' after ``motorists'';
(4) in subsection (c), by striking ``other motorist
information systems to notify motorists'', each place it
appears, and inserting ``other information systems to notify
motorists, aircraft passengers, ship passengers, and
travelers'';
(5) by amending subsection (d) to read as follows:
``(d) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activities funded by a grant
under this section may not exceed 80 percent.
``(2) Waiver.--If the Secretary determines that American
Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the
Virgin Islands of the United States is unable to comply with
the requirement under paragraph (1), the Secretary shall waive
such requirement.'';
(6) in subsection (g)--
(A) by striking ``In this section'' and inserting
``In this subtitle''; and
(B) by striking ``or Puerto Rico'' and inserting
``American Samoa, Guam, Puerto Rico, the Northern
Mariana Islands, the Virgin Islands of the United
States, and any other territory of the United States''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the PROTECT Act (Public Law 108-21) is amended by
striking the item relating to section 303 and inserting the following:
``Sec. 303. Grant program for notification and communications systems
along highways and major transportation routes for recovery of abducted
children.''.
SEC. 1624. NATURAL GAS, ELECTRIC BATTERY, AND ZERO EMISSION VEHICLES.
Subsection (s) of section 127 of title 23, United States Code is
amended to read as follows:
``(s) Natural Gas, Electric Battery, and Zero Emission Vehicles.--A
vehicle, if operated by an engine fueled primarily by natural gas
powered primarily by means of electric battery power or fueled
primarily by means of other zero emission fuel technologies, may exceed
the weight limit on the power unit by up to 2,000 pounds (up to a
maximum gross vehicle weight of 82,000 pounds) under this section.''.
SEC. 1625. GUIDANCE ON EVACUATION ROUTES.
(a) In General.--
(1) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, and consistent with
guidance issued by the Federal Emergency Management Agency
pursuant to section 1209 of the Disaster Recovery Reform Act of
2018 (Public Law 115-254), shall revise existing guidance or
issue new guidance as appropriate for State, local, and Indian
Tribal governments regarding the design, construction,
maintenance, and repair of evacuation routes.
(2) Considerations.--In revising or issuing guidance under
subsection (a)(1), the Administrator of the Federal Highway
Administration shall consider--
(A) methods that assist evacuation routes to--
(i) withstand likely risks to viability,
including flammability and hydrostatic forces;
(ii) improve durability, strength (including
the ability to withstand tensile stresses and
compressive stresses), and sustainability; and
(iii) provide for long-term cost savings;
(B) the ability of evacuation routes to effectively
manage contraflow operations;
(C) for evacuation routes on public lands, the
viewpoints of the applicable Federal land management
agency regarding emergency operations, sustainability,
and resource protection; and
(D) such other items the Administrator of the Federal
Highway Administration considers appropriate.
(3) Report.--In the case in which the Administrator of the
Federal Highway Administration, in consultation with the
Administrator of the Federal Emergency Management Agency,
concludes existing guidance addresses the considerations in
paragraph (2), The Administrator of the Federal Highway
Administration shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
detailed report describing how existing guidance addresses such
considerations.
(b) Study.--The Administrator of the Federal Highway Administration,
in coordination with the Administrator of the Federal Emergency
Management Agency and State, local, territorial, and Indian Tribal
governments, shall--
(1) conduct a study of the adequacy of available evacuation
routes to accommodate the flow of evacuees; and
(2) submit recommendations to Congress on how to help with
anticipated evacuation route flow, based on the study conducted
under paragraph (1).
SEC. 1626. PROHIBITING USE OF FEDERAL FUNDS FOR PAYMENTS IN SUPPORT OF
CONGRESSIONAL CAMPAIGNS.
No amounts may be assessed on funds collected pursuant to section
9553 of this Act for purposes of making payments in support of a
campaign for election for the office of Senator or Representative in,
or Delegate or Resident Commissioner to, Congress.
SEC. 1627. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
Section 1105(c) of the Intermodal Surface Transportation Efficiency
Act of 1991 is amended by adding at the end the following:
``(92) The Louisiana Capital Region High Priority Corridor,
which shall generally follow--
``(A) Interstate 10, between its intersections with
Interstate 12 and Louisiana Highway 415;
``(B) Louisiana Highway 415, between its
intersections with Interstate 10 and United States
route 190;
``(C) United States route 190, between its
intersections with Louisiana Highway 415 and
intersection with Interstate110;
``(D) Interstate 110, between its intersections with
United States route 190 and Interstate 10;
``(E) Louisiana Highway 30, near St. Gabriel, LA and
its intersection with Interstate 10;
``(F) Louisiana Highway 1, near White Castle, LA and
its intersection with Interstate 10; and
``(G) A bridge connecting Louisiana Highway 1 with
Louisiana Highway 30, south of the Interstate described
in subparagraph (A).''.
SEC. 1628. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
Upon issuance of guidance issued pursuant to section 1228 of the
Disaster Recovery Reform Act of 2018 (Public Law 115-254), the
Administrator of the Federal Highway Administration, in consultation
with the Administrator of the Federal Emergency Management Agency,
shall review such guidance and issue guidance regarding repair,
restoration, and replacement of inundated and submerged roads damaged
or destroyed by a major disaster declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) with respect to roads eligible for assistance under Federal
Highway Administration programs.
SEC. 1629. AIRPORT INNOVATIVE FINANCING TECHNIQUES.
(a) In General.--Section 47135 of title 49, United States Code, is
amended to read as follows:
``Sec. 47135. Innovative financing techniques
``(a) In General.--The Secretary of Transportation may approve an
application by an airport sponsor to use grants received under this
subchapter for innovative financing techniques related to an airport
development project. Such projects shall be located at airports that
are not large hub airports. The Secretary may not approve more than 30
applications under this section in a fiscal year.
``(b) Purposes.--The purpose of grants made under this section shall
be--
``(1) to provide information on using innovative financing
techniques for airport development projects;
``(2) to lower the total cost of an airport development
project; or
``(3) to safely expedite the delivery or completion of an
airport development project.
``(c) Limitations.--
``(1) No guarantees.--In no case shall the implementation of
an innovative financing technique under this section be used in
a manner giving rise to a direct or indirect guarantee of any
airport debt instrument by the United States Government.
``(2) Types of techniques.--In this section, innovative
financing techniques are limited to--
``(A) payment of interest;
``(B) commercial bond insurance and other credit
enhancement associated with airport bonds for eligible
airport development;
``(C) flexible non-Federal matching requirements;
``(D) use of funds apportioned under section 47114
for the payment of principal and interest of terminal
development for costs incurred before the date of the
enactment of this section; and
``(E) such other techniques that the Secretary
approves as consistent with the purposes of this
section.''.
(b) Immediate Applicability.--Section 1001 shall not apply to this
section and the amendments made by this section.
TITLE II--PUBLIC TRANSPORTATION
Subtitle A--Federal Transit Administration
SEC. 2101. AUTHORIZATIONS.
(a) In General.--Section 5338 of title 49, United States Code, is
amended to read as follows:
``Sec. 5338. Authorizations
``(a) Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sections
5305, 5307, 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328,
5335, 5337, 5339, and 5340--
``(A) $16,185,800,000 for fiscal year 2022;
``(B) $16,437,600,000 for fiscal year 2023;
``(C) $16,700,600,000 for fiscal year 2024; and
``(D) $16,963,600,000 for fiscal year 2025.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $189,879,151 for fiscal year 2022, $192,841,266
for fiscal year 2023, $195,926,726 for fiscal year
2024, and $199,002,776 for fiscal year 2025, shall be
available to carry out section 5305;
``(B) $7,505,830,848 for fiscal year 2022,
$7,622,921,809 for fiscal year 2023, $7,744,888,558 for
fiscal year 2024, and $7,866,483,309 for fiscal year
2025 shall be allocated in accordance with section 5336
to provide financial assistance for urbanized areas
under section 5307;
``(C) $101,510,000 for fiscal year 2022, $103,093,556
for fiscal year 2023, $104,743,053 for fiscal year
2024, and $106,387,519 for fiscal year 2025 shall be
available for grants under section 5308;
``(D) $434,830,298 for fiscal year 2022, $441,613,651
for fiscal year 2023, $448,679,469 for fiscal year
2024, and $455,723,737 for fiscal year 2025 shall be
available to carry out section 5310, of which not less
than--
``(i) $5,075,500 for fiscal year 2022,
$5,154,678 for fiscal year 2023, $5,237,153 for
fiscal year 2024, and $5,319,376 for fiscal
year 2025 shall be available to carry out
section 5310(j); and
``(ii) $20,302,000 for fiscal year 2022,
$20,618,711 for fiscal year 2023, $20,948,611
for fiscal year 2024, and $21,277,504 for
fiscal year 2025 shall be available to carry
out section 5310(k);
``(E) $1,025,199,724 for fiscal year 2022,
$1,041,192,839 for fiscal year 2023, $1,057,851,925 for
fiscal year 2024, and $1,074,460,200 for fiscal year
2025 shall be available to carry out section 5311, of
which not less than--
``(i) $55,679,500 for fiscal year 2022,
$56,392,100 for fiscal year 2023, $57,134,374
for fiscal year 2024, and $57,874,383 for
fiscal year 2025 shall be available to carry
out section 5311(c)(1); and
``(ii) $50,755,000 for fiscal year 2022,
$51,546,778 for fiscal year 2023, $52,371,526
for fiscal year 2024, and $53,193,759 for
fiscal year 2025 shall be available to carry
out section 5311(c)(2);
``(F) $33,498,300 for fiscal year 2022, $34,020,873
for fiscal year 2023, $34,565,207 for fiscal year 2024,
and $35,107,881 for fiscal year 2025 shall be available
to carry out section 5312, of which not less than--
``(i) $5,075,500 for fiscal year 2022,
$5,154,678 for fiscal year 2023, $5,237,153 for
fiscal year 2024, and $5,319,376 for fiscal
year 2025 shall be available to carry out each
of sections 5312(d)(3), 5312(d)(4) and 5312(j);
``(ii) $3,045,300 for fiscal year 2022,
$3,092,807 for fiscal year 2023, $3,142,292 for
fiscal year 2024, and $3,191,626 for fiscal
year 2025 shall be available to carry out
section 5312(h); and
``(iii) $10,151,000 for fiscal year 2022,
$10,309,356 for fiscal year 2023, $10,474,305
for fiscal year 2024, and $10,638,752 for
fiscal year 2025 shall be available to carry
out section 5312(i);
``(G) $23,347,300 for fiscal year 2022, $23,711,518
for fiscal year 2023, $24,090,902 for fiscal year 2024,
and $24,469,129 for fiscal year 2025 shall be available
to carry out section 5314, of which not less than--
``(i) $4,060,400 for fiscal year 2022,
$4,123,742 for fiscal year 2023, $4,189,722 for
fiscal year 2024, and $4,255,501 for fiscal
year 2025 shall be available to carry out
section of 5314(a);
``(ii) $5,075,500 for fiscal year 2022,
$5,154,678 for fiscal year 2023, $5,237,153 for
fiscal year 2024, and $5,319,376 for fiscal
year 2025 shall be available to carry out
section 5314(c); and
``(iii) $12,181,200 for fiscal year 2022,
$12,371,227 for fiscal year 2023, $12,569,166
for fiscal year 2024, and $12,766,502 for
fiscal year 2025 shall be available to carry
out section 5314(b)(2);
``(H) $5,075,500 for fiscal year 2022, $5,154,678 for
fiscal year 2023, $5,237,153 for fiscal year 2024, and
$5,319,376 for fiscal year 2025 shall be available to
carry out section 5318;
``(I) $30,453,000 for fiscal year 2022, $30,928,067
for fiscal year 2023, $31,422,916 for fiscal year 2024,
and $31,916,256 for fiscal year 2025 shall be available
to carry out section 5328, of which not less than--
``(i) $25,377,500 for fiscal year 2022,
$25,773,389 for fiscal year 2023, $26,185,763
for fiscal year 2024, and $26,596,880 for
fiscal year 2025 shall be available to carry
out section of 5328(b); and
``(ii) $2,537,750 for fiscal year 2022,
$2,577,339 for fiscal year 2023, $2,618,576 for
fiscal year 2024, and $2,659,688 for fiscal
year 2025 shall be available to carry out
section 5328(c);
``(J) $4,060,400 for fiscal year 2022, $4,123,742 for
fiscal year 2023, $4,189,722 for fiscal year 2024, and
$4,255,501 for fiscal year 2025 shall be available to
carry out section 5335;
``(K) $4,192,573,361 for fiscal year 2022,
$4,266,448,314 for fiscal year 2023, $4,344,093,870 for
fiscal year 2024, and $4,422,314,724 for fiscal year
2025 shall be available to carry out section 5337;
``(L) to carry out the bus formula program under
section 5339(a)--
``(i) $1,240,328,213 for fiscal year 2022,
$1,259,667,334 for fiscal year 2023,
$1,279,832,171 for fiscal year 2024, and
$1,299,925,536 for fiscal year 2025; except
that
``(ii) 15 percent of the amounts under clause
(i) shall be available to carry out 5339(d);
``(M) $437,080,000 for fiscal year 2022, $424,748,448
for fiscal year 2023, $387,944,423 for fiscal year
2024, and $351,100,151 for fiscal year 2025 shall be
available to carry out section 5339(b);
``(N) $375,000,000 for fiscal year 2022, $400,000,000
for fiscal year 2023, $450,000,000 for fiscal year
2024, and $500,000,000 for fiscal year 2025 shall be
available to carry out section 5339(c); and
``(O) $587,133,905 for each of fiscal years 2022
through 2025 shall be available to carry out section
5340 to provide financial assistance for urbanized
areas under section 5307 and rural areas under section
5311, of which--
``(i) $309,688,908 for each of fiscal years
2022 through 2025 shall be for growing States
under section 5340(c); and
``(ii) $277,444,997 for each of fiscal years
2022 through 2025 shall be for high density
States under section 5340(d).
``(b) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309 $3,500,000,000 for fiscal year
2022, $4,250,000,000 for fiscal year 2023, $5,000,000,000 for fiscal
year 2024, and 5,500,000,000 for fiscal year 2025.
``(c) Administration.--
``(1) In general.--There are authorized to be appropriated to
carry out section 5334, $142,060,785 for fiscal year 2022,
$144,191,696 for fiscal year 2023, $146,412,248 for fiscal year
2024, and 148,652,356 for fiscal year 2025.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $6,000,000 for
each of fiscal years 2022 through 2025 shall be available to
carry out section 5329.
``(3) Section 5326.--Of the amounts made available under
paragraph (2), not less than $2,500,000 for each of fiscal
years 2022 through 2025 shall be available to carry out section
5326.
``(d) Oversight.--
``(1) In general.--Of the amounts made available to carry out
this chapter for a fiscal year, the Secretary may use not more
than the following amounts for the activities described in
paragraph (2):
``(A) 0.5 percent of amounts made available to carry
out section 5305.
``(B) 0.75 percent of amounts made available to carry
out section 5307.
``(C) 1 percent of amounts made available to carry
out section 5309.
``(D) 1 percent of amounts made available to carry
out section 601 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432; 126 Stat.
4968).
``(E) 0.5 percent of amounts made available to carry
out section 5310.
``(F) 0.5 percent of amounts made available to carry
out section 5311.
``(G) 1 percent of amounts made available to carry
out section 5337, of which not less than 25 percent of
such amounts shall be available to carry out section
5329 and of which not less than 10 percent of such
amounts shall be made available to carry out section
5320.
``(H) 1 percent of amounts made available to carry
out section 5339 of which not less than 10 percent of
such amounts shall be made available to carry out
section 5320.
``(I) 1 percent of amounts made available to carry
out section 5308.
``(2) Activities.--The activities described in this paragraph
are as follows:
``(A) Activities to oversee the construction of a
major capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial
compliance of a recipient or subrecipient of funds
under this chapter.
``(C) Activities to provide technical assistance
generally, and to provide technical assistance to
correct deficiencies identified in compliance reviews
and audits carried out under this section.
``(3) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection/activities described in paragraph (2).
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be made available to the Secretary
before allocating the funds appropriated to carry out any
project under a full funding grant agreement.
``(e) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the
Highway Trust Fund pursuant to this section is a contractual
obligation of the Government to pay the Government share of the
cost of the project.
``(2) Grants financed from general fund.--A grant or contract
that is approved by the Secretary and financed with amounts
appropriated in advance from the general fund of the Treasury
pursuant to this section is a contractual obligation of the
Government to pay the Government share of the cost of the
project only to the extent that amounts are appropriated for
such purpose by an Act of Congress.
``(f) Availability of Amounts.--Amounts made available by or
appropriated under this section shall remain available until
expended.''.
(b) Conforming Amendments.--
(1) Section 5311 of title 49, United States Code, is amended
by striking ``5338(a)(2)(F)'' and inserting ``5338(a)(2)(E)''.
(2) Section 5312(i)(1) of title 49, United States Code, is
amended by striking ``5338(a)(2)(G)(ii)'' and inserting
``5338(a)(2)(F)(iii)''.
(3) Section 5333(b) of title 49, United States Code, is
amended by striking ``5328, 5337, and 5338(b)'' each place it
appears and inserting ``and 5337''.
(4) Section 5336 of title 49, United States Code, is
amended--
(A) in subsection (d)(1) by striking
``5338(a)(2)(C)'' and inserting ``5338(a)(2)(B)''; and
(B) in subsection (h) by striking ``5338(a)(2)(C)''
and inserting ``5338(a)(2)(B)''.
(5) Subsections (c) and (d)(1) of section 5327 of title 49,
United States Code, are amended by striking ``5338(f)'' and
inserting ``5338(d)''.
(6) Section 5340(b) of title 49, United States Code, is
amended by striking ``5338(b)(2)(N)'' and inserting
``5338(a)(2)(O)''.
SEC. 2102. CHAPTER 53 DEFINITIONS.
Section 5302 of title 49, United States Code, is amended--
(1) in paragraph (1)(E)--
(A) by striking ``and the installation'' and
inserting ``, the installation''; and
(B) by inserting ``, and bikeshare projects'' after
``public transportation vehicles'';
(2) in paragraph (3)--
(A) in subparagraph (G) by striking clause (iii) and
inserting the following:
``(iii) provides a fair share of revenue
established by the Secretary that will be used
for public transportation, except for a joint
development that is a community service (as
defined by the Federal Transit Administration),
publicly operated facility, or offers a minimum
of 50 percent of units as affordable housing,
meaning legally binding affordability
restricted housing units available to tenants
with incomes below 60 percent of the area
median income or owners with incomes below the
area median;''; and
(B) in subparagraph (N)--
(i) by striking ``no emission'' and inserting
``zero emission''; and
(ii) by striking ``(as defined in section
5339(c))''; and
(3) by adding at the end the following:
``(25) Resilience.--
``(A) In general.--The term `resilience' means, with
respect to a facility, the ability to--
``(i) anticipate, prepare for, or adapt to
conditions; or
``(ii) withstand, respond to, or recover
rapidly from disruptions.
``(B) Inclusions.--Such term includes, with respect
to a facility, the ability to--
``(i) resist hazards or withstand impacts
from disruptions;
``(ii) reduce the magnitude, duration, or
impact of a disruption; or
``(iii) have the absorptive capacity,
adaptive capacity, and recoverability to
decrease vulnerability to a disruption.
``(26) Assault on a transit worker.--The term `assault on a
transit worker' means any circumstance in which an individual
knowingly, without lawful authority or permission, and with
intent to endanger the safety of any individual, or with a
reckless disregard for the safety of human life, interferes
with, disables, or incapacitates any transit worker while the
transit worker is performing his or her duties.''.
SEC. 2103. GENERAL PROVISIONS.
Section 5323 of title 49, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1) by striking ``urban area'' and
inserting ``urbanized area'';
(B) by adding at the end the following:
``(3) Exceptions.--This subsection shall not apply to
financial assistance under this chapter--
``(A) in which the non-Federal share of project costs
are provided from amounts received under a service
agreement with a State or local social service agency
or private social service organization pursuant to
section 5307(d)(3)(E) or section 5311(g)(3)(C);
``(B) provided to a recipient or subrecipient whose
sole receipt of such assistance derives from section
5310; or
``(C) provided to a recipient operating a fixed route
service that is--
``(i) for a period of less than 30 days;
``(ii) accessible to the public;
``(iii) contracted by a local government
entity that provides local cost share to the
recipient; and
``(iv) not contracted for the purposes of a
convention or on behalf of a convention and
visitors bureau.
``(4) Guidelines.--The Secretary shall publish guidelines for
grant recipients and private bus operators that clarify when
and how a transit agency may step back and provide the service
in the event a registered charter provider does not contact the
customer, provide a quote, or provide the service.'';
(2) in subsection (h)--
(A) in paragraph (1) by adding ``or'' at the end; and
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2);
(3) by striking subsection (j) and inserting the following:
``(j) Reporting Accessibility Complaints.--
``(1) In general.--The Secretary shall ensure that an
individual who believes that he or she, or a specific class in
which the individual belongs, has been subjected to
discrimination on the basis of disability by a State or local
governmental entity, private nonprofit organization, or Tribe
that operates a public transportation service and is a
recipient or subrecipient of funds under this chapter, may, by
the individual or by an authorized representative, file a
complaint with the Department of Transportation.
``(2) Procedures.--Not later than 1 year after the date of
enactment of the INVEST in America Act, the Secretary shall
implement procedures that allow an individual to submit a
complaint described in paragraph (1) by phone, mail-in form,
and online through the website of the Office of Civil Rights of
the Federal Transit Administration.
``(3) Notice to individuals with disabilities.--Not later
than 12 months after the date of enactment of the INVEST in
America Act, the Secretary shall require that each public
transit provider and contractor providing paratransit services
shall include on a publicly available website of the service
provider, any related mobile device application, and online
service--
``(A) notice that an individual can file a
disability-related complaint with the local transit
agency and the process and any timelines for filing
such a complaint;
``(B) the telephone number, or a comparable
electronic means of communication, for the disability
assistance hotline of the Office of Civil Rights of the
Federal Transit Administration;
``(C) notice that a consumer can file a disability
related complaint with the Office of Civil Rights of
the Federal Transit Administration; and
``(D) an active link to the website of the Office of
Civil Rights of the Federal Transit Administration for
an individual to file a disability-related complaint.
``(4) Investigation of complaints.--Not later than 60 days
after the last day of each fiscal year, the Secretary shall
publish a report that lists the disposition of complaints
described in paragraph (1), including--
``(A) the number and type of complaints filed with
Department of Transportation;
``(B) the number of complaints investigated by the
Department;
``(C) the result of the complaints that were
investigated by the Department including whether the
complaint was resolved--
``(i) informally;
``(ii) by issuing a violation through a
noncompliance Letter of Findings; or
``(iii) by other means, which shall be
described; and
``(D) if a violation was issued for a complaint,
whether the Department resolved the noncompliance by--
``(i) reaching a voluntary compliance
agreement with the entity;
``(ii) referring the matter to the Attorney
General; or
``(iii) by other means, which shall be
described.
``(5) Report.--The Secretary shall, upon implementation of
this section and annually thereafter, submit to the Committee
on Transportation and Infrastructure of the House of
Representatives, the Committee on Banking, Housing, and Urban
Affairs of the Senate, and make publicly available a report
containing the information collected under this section.'';
(4) by striking subsection (m) and inserting the following:
``(m) Preaward and Postdelivery Review of Rolling Stock Purchases.--
The Secretary shall prescribe regulations requiring a preaward and
postdelivery review of a grant under this chapter to buy rolling stock
to ensure compliance with bid specifications requirements of grant
recipients under this chapter. Under this subsection, grantee
inspections and review are required, and a manufacturer certification
is not sufficient.''; and
(5) in subsection (r)--
(A) by inserting ``or beneficial'' after
``detrimental'';
(B) by striking the period at the end and inserting
``; and'';
(C) by striking ``under this chapter may not deny''
and inserting the following: ``under this chapter--
``(1) may not deny''; and
(D) by adding at the end the following:
``(2) shall respond to any request for reasonable access
within 75 days of the receipt of the request.''.
SEC. 2104. MISCELLANEOUS PROVISIONS.
(a) State of Good Repair Grants.--Section 5337(e) of title 49, United
States Code, is amended by adding at the end the following:
``(3) Accessibility costs.--Notwithstanding paragraph (1),
the Federal share of the net project cost of a project to
provide accessibility in compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) shall be 90
percent.''.
(b) Apportionments Based on Growing States and High Density States
Formula Factors.--Section 5340(a) of title 49, United States Code, is
amended by inserting ``and the District of Columbia'' after ``United
States''.
(c) Technical Assistance and Workforce Development.--Section 5314 of
title 49, United States Code, is amended--
(1) in subsection (a)(1)(B)--
(A) in clause (i) by striking ``; and'' and inserting
a semicolon;
(B) in clause (ii) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) technical assistance to assist
recipients with the impacts of a new census
count.''; and
(2) in subsection (c)(4)(A) by inserting ``, 5311'' after
``5307''.
(d) National Transit Database.--Section 5335 of title 49, United
States Code, is amended--
(1) in subsection (a) by inserting ``, including information
on transit routes and ridership on those routes'' after
``public sector investment decision''; and
(2) in subsection (c) by inserting ``, any data on each
assault on a transit worker, and pedestrian injuries and
fatalities as a result of an impact with a bus. Each of the
data sets shall be publicly reported without aggregating the
data with other safety data'' after ``by the recipient''.
(e) Urbanized Area Formula Grants.--Section 5307 of title 49, United
States Code, is amended--
(1) in subsection (a)(2)(A)--
(A) in clause (i) by striking ``or'' at the end; and
(B) by adding at the end the following:
``(iii) operate a minimum of 101 buses and a
maximum of 125 buses in fixed route service or
demand response service, excluding ADA
complementary paratransit service, during peak
service hours, in an amount not to exceed 25
percent of the share of the apportionment which
is attributable to such systems within the
urbanized area, as measured by vehicle revenue
hours; or'';
(2) in subsection (a)(2)(B)--
(A) in clause (i) by striking ``or'' at the end;
(B) in clause (ii) by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(iii) operate a minimum of 101 buses and a
maximum of 125 buses in fixed route service or
demand response service, excluding ADA
complementary paratransit service, during peak
service hours, in an amount not to exceed 25
percent of the share of the apportionment
allocated to such systems within the urbanized
area, as determined by the local planning
process and included in the designated
recipient's final program of projects prepared
under subsection (b).''; and
(3) in subsection (b)--
(A) in paragraph (6) by striking ``and'' at the end;
(B) by redesignating paragraph (7) as paragraph (8);
and
(C) by inserting after paragraph (6) the following:
``(7) ensure that the proposed program of projects provides
improved access to transit for the individuals described in
section 5336(j); and''.
(f) Technical Correction.--Section 5307(a)(2)(B)(ii) of title 49,
United States Code, is amended by striking ``service during peak'' and
inserting ``service, during peak''.
(g) Imposition of Deadline.--Section 5324 of title 49, United States
Code, is amended by adding at the end the following:
``(f) Imposition of Deadline.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may not require any project funded under
this section to advance to the construction obligation stage
before the date that is the last day of the sixth fiscal year
after the later of--
``(A) the date on which the Governor declared the
emergency, as described in subsection (d)(1)(A); or
``(B) the date on which the President declared the
emergency to be a major disaster, as described in such
subsection.
``(2) Extension of deadline.--If the Secretary imposes a
deadline for advancement to the construction obligation stage
pursuant to paragraph (1), the Secretary may, upon the request
of the Governor of the State, issue an extension of not more
than 1 year to complete such advancement, and may issue
additional extensions after the expiration of any extension, if
the Secretary determines the Governor of the State has provided
suitable justification to warrant such an extension.''.
(h) Transportation Development Credits as Local Match.--
(1) Section 5307.--Section 5307(d)(3) of title 49, United
States Code, is amended--
(A) in subparagraph (D) by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(F) transportation development credits.''.
(2) Section 5309.--Section 5309 of title 49, United States
Code, is amended--
(A) in subsection (f) by adding at the end the
following:
``(3) Transportation development credits.--For purposes of
assessments and determinations under this subsection or
subsection (h), transportation development credits that are
included as a source of local financing or match shall be
treated the same as other sources of local financing.''; and
(B) in subsection (l)(4)--
(i) in subparagraph (B) by striking ``; or''
and inserting a semicolon;
(ii) in subparagraph (C) by striking the
period and inserting ``; or''; and
(iii) by adding at the end the following:
``(D) transportation development credits.''.
(3) Section 5339.--Section 5339(a)(7)(B) of title 49, United
States Code, is amended--
(A) in clause (iv) by striking ``; or'' and inserting
a semicolon;
(B) in clause (v) by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(vi) transportation development credits.''.
SEC. 2105. POLICIES AND PURPOSES.
Section 5301(b) of title 49, United States Code, is amended--
(1) in paragraph (7) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (8) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(9) reduce the contributions of the surface transportation
system to the total carbon pollution of the United States; and
``(10) improve the resiliency of the public transportation
network to withstand weather events and other natural
disasters.''.
SEC. 2106. FISCAL YEAR 2022 FORMULAS.
For fiscal year 2022, the Secretary shall apportion and distribute
formula funds provided for under chapter 53 of title 49, United States
Code, using data submitted to the 2019 National Transit Database.
SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING.
Section 5303 of title 49, United States Code, is amended--
(1) by amending subsection (a)(1) to read as follows:
``(1) to encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility needs of
people and freight, foster economic growth and development
within and between States and urbanized areas, and take into
consideration resiliency and climate change adaptation needs
while reducing transportation-related fuel consumption, air
pollution, and greenhouse gas emissions through metropolitan
and statewide transportation planning processes identified in
this chapter; and''.
(2) in subsection (b)--
(A) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) STIP.--The term `STIP' means a statewide transportation
improvement program developed by a State under section
135(g).'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``and transportation
improvement programs'' and inserting ``and TIPs''; and
(B) by adding at the end the following:
``(4) Consideration.--In developing the plans and TIPs,
metropolitan planning organizations shall consider direct and
indirect emissions of greenhouse gases.'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2
years after the date of enactment of the Federal Public
Transportation Act of 2012, each'' and inserting
``Each'';
(B) in paragraph (3) by adding at the end the
following:
``(D) Considerations.--
``(i) Equitable and proportional
representation.--In designating officials or
representatives under paragraph (2), the
metropolitan planning organization shall
consider the equitable and proportional
representation of the population of the
metropolitan planning area.
``(ii) Savings clause.--Nothing in this
paragraph shall require a metropolitan planning
organization in existence on the date of
enactment of this subparagraph to be
restructured.
``(iii) Redesignation.--Notwithstanding
clause (ii), the requirements of this paragraph
shall apply to any metropolitan planning
organization redesignated under paragraph
(6).'';
(C) in paragraph (6)(B) by striking ``paragraph (2)''
and inserting ``paragraphs (2) or (3)(D)''; and
(D) in paragraph (7)--
(i) by striking ``an existing metropolitan
planning area'' and inserting ``an urbanized
area''; and
(ii) by striking ``the existing metropolitan
planning area'' and inserting ``the area'';
(5) in subsection (g)--
(A) in paragraph (1) by striking ``a metropolitan
area'' and inserting ``an urbanized area'';
(B) in paragraph (2) by striking ``Mpos'' and
inserting ``Metropolitan planning areas''
(C) in paragraph (3)(A) by inserting ``emergency
response and evacuation, climate change adaptation and
resilience,'' after ``disaster risk reduction,''; and
(D) by adding at the end the following:
``(4) Coordination between mpos.--
``(A) In general.--If more than 1 metropolitan
planning organization is designated within an urbanized
area under subsection (d)(7), the metropolitan planning
organizations designated within the area shall ensure,
to the maximum extent practicable, the consistency of
any data used in the planning process, including
information used in forecasting travel demand.
``(B) Savings clause.--Nothing in this paragraph
requires metropolitan planning organizations designated
within a single urbanized area to jointly develop
planning documents, including a unified long-range
transportation plan or unified TIP.'';
(6) in subsection (h)(1)--
(A) by striking subparagraph (E) and inserting the
following:
``(E) protect and enhance the environment, promote
energy conservation, reduce greenhouse gas emissions,
improve the quality of life and public health, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns, including housing and land use
patterns;'';
(B) in subparagraph (H) by striking ``and'' at the
end;
(C) in subparagraph (I) by striking the period at the
end and inserting ``and reduce or mitigate stormwater,
sea level rise, extreme weather, and climate change
impacts of surface transportation;''; and
(D) by inserting after subparagraph (I) the
following:
``(J) facilitate emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system
access; and
``(L) support inclusive zoning policies and land use
planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households.'';
(7) in subsection (h)(2) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a performance-
based approach, transportation investment decisions
made as a part of the metropolitan transportation
planning process shall support the national goals
described in section 150(b), the achievement of
metropolitan and statewide targets established under
section 150(d), the improvement of transportation
system access (consistent with section 150(f)), and the
general purposes described in section 5301 of title
49.'';
(8) in subsection (i)--
(A) in paragraph (1) by striking ``(i) In general''
and all that follows through ``every 5 years'' and
inserting ``The metropolitan planning organization
shall prepare and update such plan every 4 years'';
(B) in paragraph (2)(D)(i) by inserting ``reduce
greenhouse gas emissions and'' before ``restore and
maintain'';
(C) in paragraph (2)(G) by inserting ``and climate
change'' after ``infrastructure to natural disasters'';
(D) in paragraph (2)(H) by inserting ``greenhouse gas
emissions,'' after ``pollution,'';
(E) 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
(F) 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 World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).
``(ii) Additional methods.--In addition to
the methods described in clause (i), in
carrying out subparagraph (A), the metropolitan
planning organization shall, to the maximum
extent practicable--
``(I) use virtual public involvement,
social media, and other web-based tools
to encourage public participation and
solicit public feedback; and
``(II) use other methods, as
appropriate, to further encourage
public participation of historically
underrepresented individuals in the
transportation planning process.'';
(9) in subsection (j)--
(A) by striking ``transportation improvement
program'' and inserting ``TIP'' each place it appears;
and
(B) in paragraph (2)(D)--
(i) by striking ``Performance target
achievement'' and inserting ``Performance
management'';
(ii) by striking ``The TIP'' and inserting
the following:
``(i) In general.--The TIP''; and
(iii) by adding at the end the following:
``(ii) Transportation management areas.--For
metropolitan planning areas that represent an
urbanized area designated as a transportation
management area under subsection (k), the TIP
shall include--
``(I) a discussion of the anticipated
effect of the TIP toward achieving the
performance targets established in the
metropolitan transportation plan,
linking investment priorities to such
performance targets; and
``(II) a description of how the TIP
would improve the overall level of
transportation system access,
consistent with section 150(f) of title
23.'';
(10) in subsection (k)--
(A) in paragraph (3)(A)--
(i) by striking ``shall address congestion
management'' and inserting the following:
``shall address--
``(i) congestion management'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) the overall level of transportation
system access for various modes of travel
within the metropolitan planning area,
including the level of access for economically
disadvantaged communities, consistent with
section 150(f) of title 23, that is based on a
cooperatively developed and implemented
metropolitan-wide strategy, assessing both new
and existing transportation facilities eligible
for funding under this chapter and title 23.'';
and
(B) in paragraph (5)(B)--
(i) in clause (i) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (ii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) the TIP approved under clause (ii)
improves the level of transportation system
access, consistent with section 150(f) of title
23.'';
(11) in subsection (l)(2)--
(A) by striking ``5 years after the date of enactment
of the Federal Public Transportation Act of 2012'' and
inserting ``2 years after the date of enactment of the
INVEST in America Act, and every 2 years thereafter,'';
(B) in subparagraph (C) by striking ``and whether
metropolitan planning organizations are developing
meaningful performance targets; and'' and inserting a
semicolon; and
(C) by striking subparagraph (D) and inserting the
following:
``(D) a listing of all metropolitan planning
organizations that are establishing performance targets
and whether such performance targets established by the
metropolitan planning organization are meaningful or
regressive (as defined in section 150(d)(3)(B) of title
23); and
``(E) the progress of implementing the measure
established under section 150(f) of title 23 and
related requirements under this section and section 135
of title 23.''; and
(12) by striking ``Federally'' each place it appears and
inserting ``federally''.
SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
Section 5304 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(B) in paragraph (2)--
(i) by striking ``The statewide
transportation plan and the'' and inserting the
following:
``(A) In general.--The statewide transportation plan
and the'';
(ii) by striking ``transportation improvement
program'' and inserting ``STIP''; and
(iii) by adding at the end the following:
``(B) Consideration.--In developing the statewide
transportation plans and STIPs, States shall consider
direct and indirect emissions of greenhouse gases.'';
and
(C) in paragraph (3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (E)--
(I) by inserting ``reduce greenhouse
gas emissions,'' after ``promote energy
conservation,'';
(II) by inserting ``and public
health'' after ``improve the quality of
life''; and
(III) by inserting ``, including
housing and land use patterns'' after
``economic development patterns'';
(ii) in subparagraph (H) by striking ``and'';
(iii) in subparagraph (I) by striking the
period at the end and inserting ``and reduce or
mitigate stormwater, sea level rise, extreme
weather, and climate change impacts of surface
transportation;''; and
(iv) by adding at the end the following:
``(J) facilitate emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system
access; and
``(L) support inclusive zoning policies and land use
planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households.'';
(B) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a performance-
based approach, transportation investment decisions
made as a part of the statewide transportation planning
process shall support--
``(i) the national goals described in section
150(b);
``(ii) the consideration of transportation
system access (consistent with section 150(f));
``(iii) the achievement of statewide targets
established under section 150(c); and
``(iv) the general purposes described in
section 5301 of title 49.''; and
(ii) in subparagraph (D) by striking
``statewide transportation improvement
program'' and inserting ``STIP''; and
(C) in paragraph (3) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(3) in subsection (e)(3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(4) in subsection (f)--
(A) in paragraph (2)(D)--
(i) in clause (i) by inserting ``air quality,
public health, housing, transportation,
resilience, hazard mitigation, emergency
management,'' after ``conservation,''; and
(ii) by amending clause (ii) to read as
follows:
``(ii) Comparison and consideration.--
Consultation under clause (i) shall involve the
comparison of transportation plans to other
relevant plans and inventories, including, if
available--
``(I) State and tribal conservation
plans or maps; and
``(II) inventories of natural or
historic resources.'';
(B) in paragraph (3)(B)--
(i) by striking ``In carrying out'' and
inserting the following:
``(i) In general.--in carrying out'';
(ii) by redesignating clauses (i) through
(iv) as subclauses (I) through (IV),
respectively; and
(iii) by adding at the end the following:
``(ii) Additional methods.--In addition to
the methods described in clause (i), in
carrying out subparagraph (A), the State shall,
to the maximum extent practicable--
``(I) use virtual public involvement,
social media, and other web-based tools
to encourage public participation and
solicit public feedback; and
``(II) use other methods, as
appropriate, to further encourage
public participation of historically
underrepresented individuals in the
transportation planning process.'';
(C) in paragraph (4)(A) by inserting ``reduce
greenhouse gas emissions and'' after ``potential to'';
and
(D) in paragraph (8) by inserting ``including
consideration of the role that intercity buses may play
in reducing congestion, pollution, greenhouse gas
emissions, and energy consumption in a cost-effective
manner and strategies and investments that preserve and
enhance intercity bus systems, including systems that
are privately owned and operated'' after
``transportation system'';
(5) in subsection (g)--
(A) in paragraph (1)(A) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(B) in paragraph (4)--
(i) by striking ``Performance target
achievement'' and inserting ``Performance
management'';
(ii) by striking ``shall include, to the
maximum extent practicable, a discussion'' and
inserting the following: ``shall include
``(A) a discussion'';
(iii) by striking the period at the end and
inserting ``; and'';
(iv) by striking ``statewide transportation
improvement program'' and inserting ``STIP''
each place it appears; and
(v) by adding at the end the following:
``(B) a consideration of how the STIP impacts the
overall level of transportation system access,
consistent with section 150(f) of title 23.'';
(C) in paragraph (5)--
(i) in subparagraph (A) by striking
``transportation improvement program'' and
inserting ``STIP'';
(ii) in subparagraph (B)(ii) by striking
``metropolitan transportation improvement
program'' and inserting ``TIP'';
(iii) in subparagraph (C) by striking
``transportation improvement program'' and
inserting ``STIP'' each place it appears;
(iv) in subparagraph (E) by striking
``transportation improvement program'' and
inserting ``STIP'';
(v) in subparagraph (F)(i) by striking
``transportation improvement program'' and
inserting ``STIP'' each place it appears;
(vi) in subparagraph (G)(ii) by striking
``transportation improvement program'' and
inserting ``STIP''; and
(vii) in subparagraph (H) by striking
``transportation improvement program'' and
inserting ``STIP'';
(D) in paragraph (6)--
(i) in subparagraph (A)--
(I) by striking ``transportation
improvement program'' and inserting
``STIP''; and
(II) by striking ``and projects
carried out under the bridge program or
the Interstate maintenance program
under title 23''; and
(ii) in subparagraph (B)--
(I) by striking ``or under the bridge
program or the Interstate maintenance
program'';
(II) by striking ``statewide
transportation improvement program''
and inserting ``STIP'';
(E) in paragraph (7)--
(i) in the heading by striking
``Transportation improvement program'' and
inserting ``STIP''; and
(ii) by striking ``transportation improvement
program'' and inserting ``STIP'';
(F) in paragraph (8) by striking ``statewide
transportation plans and programs'' and inserting
``statewide transportation plans and STIPs''; and
(G) in paragraph (9) by striking ``transportation
improvement program'' and inserting ``STIP'';
(6) in subsection (h)(2)(A) by striking ``Not later than 5
years after the date of enactment of the Federal Public
Transportation Act of 2012,'' and inserting ``Not less
frequently than once every 4 years,'';
(7) in subsection (j) by striking ``transportation
improvement program'' and inserting ``STIP'' each place it
appears;
(8) in subsection (l) by striking ``transportation
improvement programs'' and inserting ``STIPs''.
SEC. 2109. OBLIGATION LIMITATION.
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Mass Transit Account
of the Highway Trust Fund by subsection (a) of section 5338 of title
49, United States Code, shall not exceed--
(1) $16,185,800,000 in fiscal year 2022;
(2) $16,437,600,000 in fiscal year 2023;
(3) $16,700,600,000 in fiscal year 2024; and
(4) $16,963,600,000 in fiscal year 2025.
SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF FUNDS.
Section 5324 of title 49, United States Code, is further amended by
adding at the end the following:
``(g) Imposition of Deadline.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may not require any project funded pursuant
to this section to advance to the construction obligation stage
before the date that is the last day of the sixth fiscal year
after the later of--
``(A) the date on which the Governor declared the
emergency, as described in subsection (a)(2); or
``(B) the date on which the President declared a
major disaster, as described in such subsection.
``(2) Extension of deadline.--If the Secretary imposes a
deadline for advancement to the construction obligation stage
pursuant to paragraph (1), the Secretary may, upon the request
of the Governor of the State, issue an extension of not more
than 1 year to complete such advancement, and may issue
additional extensions after the expiration of any extension, if
the Secretary determines the Governor of the State has provided
suitable justification to warrant an extension.''.
SEC. 2111. GENERAL PROVISIONS.
(a) Reasonable Access to Public Transportation Facilities.--Section
5323(r) of title 49, United States Code, is amended to read as follows:
``(r) Reasonable Access to Public Transportation Facilities.--
``(1) In general.--A recipient of assistance under this
chapter may not deny reasonable access for a private or charter
transportation operator to federally funded public
transportation facilities, including intermodal facilities,
park and ride lots, and bus-only highway lanes. In determining
reasonable access, 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. A recipient shall respond to any request for
reasonable access within 90 days of the receipt of the request.
``(2) Response to request.--
``(A) In general.--If a recipient of assistance under
this chapter fails to respond to a request within the
90-day period described in paragraph (1), the operator
may seek assistance from the Secretary to obtain a
response.
``(B) Denial of access.--If a recipient of assistance
under this chapter denies access to a private intercity
or charter transportation operator based on the
reasonable access standards provided in paragraph (1),
the recipient shall provide, in writing, the reasons
for the denial.''.
(b) Waivers and Deferrals; Administrative Option.--Section 5323 of
title 49, United States Code, is amended by striking subsection (t) and
inserting the following:
``(t) Waivers and Deferrals; Administrative Option.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall have the authority to waive, exempt,
defer, or establish a simplified level of compliance for
recipients of assistance under this chapter that operate 10 or
fewer vehicles in service, or that receive financial assistance
under both sections 5307 and 5311 of this chapter.
``(2) Guidance required.--Not later than 180 days of
enactment of the INVEST in America Act, the Secretary shall
publish guidance for recipients of assistance under this
chapter that operate 10 or fewer buses in service or that
receive financial assistance under both of sections 5307 and
5311 concerning--
``(A) which specific requirements may be considered
for waivers, exemptions, deferrals, or simplified
levels of compliance by recipients of assistance
described in paragraph (1);
``(B) the process by which recipients of assistance
described in paragraph (1) may request such waivers,
exemptions, deferrals, or simplified levels of
compliance;
``(C) the criteria by which the Secretary shall
evaluate and act upon such requests;
``(D) the terms and conditions the Secretary shall
attach to any waiver, exemption, deferral or simplified
level of compliance that is awarded under paragraph
(1);
``(E) actions the Secretary may take if a recipient
fails to comply the terms and conditions attached to a
waiver, exemption, deferral, or simplified level of
compliance that has been awarded under paragraph (1);
and
``(F) the circumstances under which the Secretary may
use this paragraph to award a waiver, exemption,
deferral or simplified level of compliance to a
recipient of assistance under this chapter and
described in this paragraph.
``(3) Maintain safety.--The Secretary shall not to take any
action under this subsection that would degrade safety to lives
or property.
``(4) Report.--The Secretary shall submit to the Committee of
Banking, Housing, and Urban Affairs of the Senate and the
Committee of Transportation and Infrastructure of the House of
Representatives an annual report detailing the requests and
actions that have been taken under this subsection in the
preceding 12 months.''.
(c) Threshold for the Sale of Transit Vehicles After Service Life.--
Section 5323 of title 49, United States Code, is amended by adding at
the end the following:
``(w) Threshold for the Sale of Transit Vehicles After Service
Life.--Notwithstanding any other provision of law or regulation, for
programs under this chapter the threshold amount for transit vehicles
after the service life is reached shall be 20 percent of the original
acquisition cost of the purchased equipment. For transit vehicles sold
for an amount above such amount, the threshold amount shall be retained
by the transit agency upon sale of the asset for use by the transit
agency for the purpose or operating or capital expenditures, and the
remainder shall be remitted to the Secretary and shall be deposited
into the Mass Transit Account of the Highway Trust Fund. If such a
vehicle is sold for an amount below or equal to the threshold amount,
the transit agency shall retain all funds from the sale.''.
SEC. 2112. CERTIFICATION REQUIREMENTS.
The certification requirements described in section 661.12 of title
49, Code of Federal Regulations, shall, after the date of enactment of
this Act, include a certification that buses or other rolling stock
(including train control, communication and traction power equipment)
being procured do not contain or use any covered telecommunications
equipment or services, as such term is defined by section 889 of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232);
Subtitle B--Improving Frequency and Ridership
SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND RIDERSHIP COMPETITIVE
GRANTS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5307 the following new section:
``Sec. 5308. Multi-jurisdictional bus frequency and ridership
competitive grants
``(a) In General.--The Secretary shall make grants under this
section, on a competitive basis, to eligible recipients to increase the
frequency and ridership of public transit buses.
``(b) Applications.--To be eligible for a grant under this section,
an eligible recipient shall submit to the Secretary an application at
such time, in such manner, and containing such information as the
Secretary may require.
``(c) Application Timing.--Not later than 90 days after amounts are
made available to carry out this section, the Secretary shall solicit
grant applications from eligible recipients for projects described in
subsection (d).
``(d) Uses of Funds.--An eligible recipient of a grant under this
section shall use such grant for capital projects that--
``(1) increase--
``(A) the frequency of bus service;
``(B) bus ridership; and
``(C) total person throughput; and
``(2) are consistent with, and as described in, the design
guidance issued by the National Association of City
Transportation Officials and titled `Transit Street Design
Guide'.
``(e) Grant Criteria.--In making grants under this section, the
Secretary shall consider the following:
``(1) Each eligible recipient's projected increase in bus
frequency.
``(2) Each eligible recipient's projected increase in bus
ridership.
``(3) Each eligible recipient's projected increase in total
person throughput.
``(4) The degree of regional collaboration described in each
eligible recipient's application, including collaboration
with--
``(A) a local government entity that operates a
public transportation service;
``(B) local government agencies that control street
design;
``(C) metropolitan planning organizations (as such
term is defined in section 5303); and
``(D) State departments of transportation.
``(f) Grant Timing.--The Secretary shall award grants under this
section not later than 120 days after the date on which the Secretary
completes the solicitation described in subsection (c).
``(g) Requirements of the Secretary.--In carrying out the program
under this section, the Secretary shall--
``(1) not later than the date described in subsection (c),
publish in the Federal Register a list of all metrics and
evaluation procedures to be used in making grants under this
section; and
``(2) publish in the Federal Register--
``(A) a summary of the final metrics and evaluations
used in making grants under this section; and
``(B) a list of the ratings of eligible recipients
receiving a grant under this section based on such
metrics and evaluations.
``(h) Federal Share.--
``(1) In general.--The Federal share of the cost of a project
carried out under this section shall not exceed 80 percent.
``(2) Restriction on grant amounts.--The Secretary may make a
grant for a project under this section in an amount up to 150
percent of the amount--
``(A) provided for such project under title 23; and
``(B) provided for such project from non-Federal
funds budgeted for roadways.
``(i) Requirements of Section 5307.--Except as otherwise provided in
this section, a grant under this section shall be subject to the
requirements of section 5307.
``(j) Availability of Funds.--
``(1) In general.--Amounts made available to carry out this
section shall remain available for 4 fiscal years after the
fiscal year for which the amount was made available.
``(2) Unobligated amounts.--After the expiration of the
period described in paragraph (1) for an amount made available
to carry out this section, any unobligated amounts made
available to carry out this section shall be added to the
amounts made available for the following fiscal year.
``(k) Eligible Recipients.--In this section, the term `eligible
recipient' means a recipient of a grant under section 5307 in an
urbanized area with a population greater than 500,000.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by inserting after the item relating to
section 5307 the following new item:
``5308. Multi-jurisdictional bus frequency and ridership competitive
grants.''.
SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FORMULA.
Section 5336 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i) by striking ``95.61 percent'' and
inserting ``95 percent'';
(II) in clause (i) by striking
``95.61 percent'' and inserting ``95
percent''; and
(III) in clause (ii) by striking
``95.61 percent'' and inserting ``95
percent''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i) by striking ``4.39 percent'' and
inserting ``5 percent'';
(II) in clause (i)--
(aa) by inserting ``in the
highest 25 percent of routes by
ridership'' before ``multiplied
by''; and
(bb) by striking ``vehicle
passenger miles traveled for
each dollar of operating cost
in an area'' and inserting
``vehicles operating in peak
revenue service per hour in the
highest 25 percent of routes by
ridership''; and
(III) in clause (ii)--
(aa) by inserting ``in the
highest 25 percent of routes by
ridership'' before ``multiplied
by''; and
(bb) by striking ``vehicle
passenger miles traveled for
each dollar of operating cost
in all areas'' and inserting
``vehicles operating in peak
revenue service per hour in the
highest 25 percent of routes by
ridership''; and
(B) by adding at the end the following:
``(3) Special rule.--For fiscal year 2022, the percentage--
``(A) in paragraph (2)(A) in the matter preceding
clause (i) shall be treated as 100 percent; and
``(B) in paragraph (2)(B) in the matter preceding
clause (i) shall be treated as 0 percent.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``90.8 percent'' and
inserting ``90 percent'' each place it appears;
(B) in paragraph (2)--
(i) by striking ``9.2 percent'' and inserting
``8 percent'';
(ii) by striking ``200,000'' and inserting
``500,000'';
(iii) by striking subparagraph (A) and
inserting the following:
``(A) the number of bus passenger miles traveled on
the highest 25 percent of routes by ridership
multiplied by the number of buses operating in peak
revenue service per hour on the highest 25 percent of
routes by ridership; divided by''; and
(iv) by striking subparagraph (B) and
inserting the following:
``(B) the total number of bus passenger miles
traveled on the highest 25 percent of routes by
ridership multiplied by the total number of buses
operating in peak revenue service per hour on the
highest 25 percent of routes by ridership in all
areas.''; and
(C) by adding at the end the following:
``(3) 2 percent of the total amount apportioned under this
subsection shall be apportioned so that each urbanized area
with a population of at least 200,000 and less than 500,000 is
entitled to receive an amount using the formula in paragraph
(1).
``(4) For fiscal year 2022, the percentage--
``(A) in paragraph (1) in the matter preceding
subparagraph (A) shall be treated as 100 percent;
``(B) in paragraph (2) in the matter preceding
subparagraph (A) shall be treated as 0 percent; and
``(C) in paragraph (3) shall be treated as 0
percent.''; and
(3) by adding at the end the following:
``(k) Peak Revenue Service Defined.--In this section, the term `peak
revenue service' means the time period between the time in the morning
that an agency first exceeds the number of midday vehicles in revenue
service and the time in the evening that an agency falls below the
number of midday vehicles in revenue service.''.
SEC. 2203. MOBILITY INNOVATION.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5315 the following new section:
``Sec. 5316. Mobility innovation
``(a) In General.--Amounts made available to a covered recipient to
carry out sections 5307, 5310, and 5311 may be used by such covered
recipient under this section to assist in the financing of--
``(1) mobility as a service; and
``(2) mobility on demand services.
``(b) Federal Share.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Federal share of the net cost of a project carried out
under this section shall not exceed 80 percent.
``(2) Insourcing incentive.--Notwithstanding paragraph (1),
the Federal share of the net cost of a project described in
paragraph (1) shall be reduced by 25 percent if the recipient
uses a third-party contract for a mobility on demand service.
``(3) Zero emission incentive.--Notwithstanding paragraph
(1), the Federal share of the net cost of a project described
in paragraph (1) shall be reduced by 25 percent if such project
involves an eligible use that uses a vehicle that produces
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 substantial improvements in--
``(i) environmental metrics, including
standards established pursuant to the Clean Air
Act (42 U.S.C. 7401 et seq.) and greenhouse gas
performance targets established pursuant to
section 150(d) of title 23;
``(ii) traffic congestion;
``(iii) compliance with the requirements
under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.);
``(iv) low-income service to increase access
to employment, healthcare, and other essential
services;
``(v) service outside of transit agency
operating hours, provided that the transit
agency operating hours are not reduced;
``(vi) new low density service relative to
the higher density urban areas of the agency's
service area; and
``(vii) rural service.
``(D) Fare collection modernization.--In developing
guidance referred to in this section, the Secretary
shall ensure that--
``(i) all costs associated with installing,
modernizing, and managing fare collection,
including touchless payment systems, shall be
considered eligible expenses under this title
and subject to the applicable Federal share;
and
``(ii) such guidance includes guidance on how
agencies shall provide unbanked and underbanked
users with an opportunity to benefit from
mobility as a service platforms.
``(2) Prohibition on use of funds.--Amounts used by a covered
recipient for projects eligible under this section may not be
used for--
``(A) single passenger vehicle miles (in a passenger
motor vehicle, as such term is defined in section
32101, that carries less than 9 passengers), unless the
trip--
``(i) meets the definition of public
transportation; and
``(ii) begins or completes a fixed route
public transportation trip;
``(B) deadhead vehicle miles; or
``(C) any service considered a taxi service for
purposes of 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 paragraph
(2), 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; and
``(C) be consistent with the public interest.
``(2) Waiver under other sections.--The Secretary may not
waive any requirement under paragraph (1) for which a waiver is
otherwise available.
``(3) Prohibition of waiver.--Notwithstanding paragraph (1),
the Secretary may not waive any requirement of--
``(A) section 5333;
``(B) section 5331;
``(C) section 5302(14); and
``(D) chapter 53 that establishes a maximum Federal
share for operating costs.
``(4) Application of section 5320.--Notwithstanding
paragraphs (1) and (2), the Secretary may only waive the
requirements of section 5320 with respect to--
``(A) a passenger vehicle owned by an individual; and
``(B) subsection (q) of such section for any
passenger vehicle not owned by an individual for the
period beginning on the date of enactment of this
section and ending 3 years after such date.
``(f) Open Data Standards.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall initiate
procedures under subchapter III of chapter 5 of title 5 to
develop an open data standard and an application programming
interface necessary to carry out this section.
``(2) Regulations.--The regulations required under paragraph
(1) shall require public transportation agencies, mobility on
demand providers, mobility as a service technology providers,
other non-government actors, and local governments the
efficient means to transfer data to--
``(A) foster the efficient use of transportation
capacity;
``(B) enhance the management of new modes of
mobility;
``(C) enable the use of innovative planning tools;
``(D) enable single payment systems for all mobility
on demand services;
``(E) establish metropolitan planning organization,
State, and local government access to anonymized data
for transportation planning, real time operations data,
and rules;
``(F) safeguard personally identifiable information;
``(G) protect confidential business information; and
``(H) enhance cybersecurity protections.
``(3) Prohibition on for profit activity.--Any data received
by an entity under this subsection may not be sold, leased, or
otherwise used to generate profit, except for the direct
provision of the related mobility on demand services and
mobility as a service.
``(4) Committee.--A negotiated rulemaking committee
established pursuant to section 565 of title 5 to carry out
this subsection shall have a maximum of 17 members limited to
representatives of the Department of Transportation, State and
local governments, metropolitan planning organizations, urban
and rural covered recipients, associations that represent
public transit agencies, representatives from at least 3
different organizations engaged in collective bargaining on
behalf of transit workers in not fewer than 3 States, mobility
on demand providers, and mobility as a service technology
providers.
``(5) Publication of proposed regulations.--Proposed
regulations to implement this section shall be published in the
Federal Register by the Secretary not later than 18 months
after such date of enactment.
``(6) Extension of deadlines.--A deadline set forth in
paragraph (4) may be extended up to 180 days if the negotiated
rulemaking committee referred to in paragraph (5) concludes
that the committee cannot meet the deadline and the Secretary
so notifies the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
``(g) Application of Recipient Revenue Vehicle Miles.--With respect
to revenue vehicle miles with one passenger of a covered recipient
using amounts under this section, such miles--
``(1) shall be included in the National Transit Database
under section 5335; and
``(2) shall be excluded from vehicle revenue miles data used
in the calculation described in section 5336.
``(h) Savings Clause.--Subsection (c)(2) and subsection (g) shall not
apply to any eligible activities under this section if such activities
are being carried out in compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
``(i) Definitions.--In this section:
``(1) Deadhead vehicle miles.--The term `deadhead vehicle
miles' means the miles that a vehicle travels when out of
revenue service, including leaving or returning to the garage
or yard facility, changing routes, when there is no expectation
of carrying revenue passengers, and any miles traveled by a
private operator without a passenger.
``(2) Mobility as a service.--The term `mobility as a
service' means services that constitute the integration of
mobility on demand services and public transportation that are
available and accessible to all travelers, provide multimodal
trip planning, and a unified payment system.
``(3) Mobility on demand.--The term `mobility on demand'
means an on-demand transportation service shared among
individuals, either concurrently or one after another.
``(4) Covered recipient.--The term `covered recipient' means
a State or local government entity, private nonprofit
organization, or Tribe that--
``(A) operates a public transportation service; and
``(B) is a recipient or subrecipient of funds under
section 5307, 5310, or 5311.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by inserting after the item relating to
section 5315 the following new item:
``5316. Mobility innovation.''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the date on which the Secretary has
finalized both--
(1) the guidance required under section 5316(c) of title 49,
United States Code; and
(2) the regulations required under section 5316(f) of title
49, United States Code.
SEC. 2204. FORMULA GRANTS FOR RURAL AREAS.
Section 5311 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2) by adding at the end the
following:
``(D) Census designation.--The Secretary may approve
a State program that allocates not more than 5 percent
of such State's apportionment to assist rural areas
that were redesignated as urban areas not more than 2
fiscal years after the last census designation of
urbanized area boundaries.''; and
(B) in paragraph (3) by striking ``section
5338(a)(2)(F)'' and inserting ``section
5338(a)(2)(E)'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)
by striking ``section 5338(a)(2)(F)'' and
inserting ``section 5338(a)(2)(E)'';
(ii) in subparagraph (A) by striking
``$5,000,000'' and inserting ``$10,000,000'';
and
(iii) in subparagraph (B) by striking
``$30,000,000'' and inserting ``the amount
remaining under section 5338(a)(2)(E)(i) after
the amount under subparagraph (A) is
distributed'';
(B) in paragraph (2)(C) by striking ``section
5338(a)(2)(F)'' and inserting ``section
5338(a)(2)(E)''; and
(C) in paragraph (3)--
(i) in subparagraph (A) by striking ``section
5338(a)(2)(F)'' and inserting ``section
5338(a)(2)(E)''; and
(ii) by striking subparagraphs (B) and (C)
and inserting the following:
``(B) Land area.--
``(i) In general.--Subject to clause (ii),
each State shall receive an amount that is
equal to 15 percent of the amount apportioned
under this paragraph, multiplied by the ratio
of the land area in rural areas in that State
and divided by the land area in all rural areas
in the United States, as shown by the most
recent decennial census of population.
``(ii) Maximum apportionment.--No State shall
receive more than 5 percent of the amount
apportioned under clause (i).
``(C) Population.--Each State shall receive an amount
equal to 50 percent of the amount apportioned under
this paragraph, multiplied by the ratio of the
population of rural areas in that State and divided by
the population of all rural areas in the United States,
as shown by the most recent decennial census of
population.
``(D) Vehicle revenue miles.--
``(i) In general.--Subject to clause (ii),
each State shall receive an amount that is
equal to 25 percent of the amount apportioned
under this paragraph, multiplied by the ratio
of vehicle revenue miles in rural areas in that
State and divided by the vehicle revenue miles
in all rural areas in the United States, as
determined by national transit database
reporting.
``(ii) Maximum apportionment.--No State shall
receive more than 5 percent of the amount
apportioned under clause (i).
``(E) Low-income individuals.--Each State shall
receive an amount that is equal to 10 percent of the
amount apportioned under this paragraph, multiplied by
the ratio of low-income individuals in rural areas in
that State and divided by the number of low-income
individuals in all rural areas in the United States, as
shown by the Bureau of the Census.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``A State may
expend funds to continue service into another State to
extend a route.'' before ``Eligible activities under'';
and
(B) in paragraph (2) by inserting ``and makes the
certification and supporting documents publicly
available'' before the period at the end; and
(4) in subsection (g) by adding at the end the following:
``(6) Allowance for volunteer hours.--
``(A) Applicable regulations.--For any funds provided
by a department or agency of the Government under
paragraph (3)(D) or by a service agreement under
paragraph (3)(C), and such department or agency has
regulations in place that provide for the valuation of
volunteer hours as allowable in-kind contributions
toward the non-Federal share of project costs, such
regulations shall be used to determine the allowable
valuation of volunteer hours as an in-kind contribution
toward the non-Federal remainder of net project costs
for a transit project funded under this section.
``(B) Limitations.--Subparagraph (A) shall not apply
to the provision of fixed-route bus services funded
under this section.''.
SEC. 2205. ONE-STOP PARATRANSIT PROGRAM.
Section 5310 of title 49, United States Code, is amended by adding at
the end the following:
``(j) One-stop Paratransit Program.--
``(1) In general.--Not later than 6 months after the date of
enactment of this subsection, the Secretary shall establish a
one-stop paratransit competitive grant program to encourage an
extra stop in non-fixed route Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.) service for a paratransit
rider to complete essential tasks.
``(2) Preference.--The Secretary shall give preference to
eligible recipients that--
``(A) have comparable data for the year prior to
implementation of the grant program and made available
to the Secretary, academic and nonprofit organizations
for research purposes; and
``(B) plan to use agency personnel to implement the
pilot program.
``(3) Application criteria.--To be eligible to participate in
the grant program, an eligible recipient shall submit to the
Secretary an application containing such information as the
Secretary may require, including information on--
``(A) locations the eligible entity intends to allow
a stop at, if stops are limited, including--
``(i) childcare or education facilities;
``(ii) pharmacies;
``(iii) grocery stores; and
``(iv) bank or ATM locations;
``(B) methodology for informing the public of the
grant program;
``(C) vehicles, personnel, and other resources that
will be used to implement the grant program;
``(D) if the applicant does not intend the grant
program to apply to the full area under the
jurisdiction of the applicant, a description of the
geographic area in which the applicant intends the
grant program to apply; and
``(E) the anticipated amount of increased operating
costs.
``(4) Selection.--The Secretary shall seek to achieve
diversity of participants in the grant program by selecting a
range of eligible entities that includes at least--
``(A) 5 eligible recipients that serve an area with a
population of 50,000 to 200,000;
``(B) 10 eligible recipients that serve an area with
a population of over 200,000; and
``(C) 5 eligible recipients that provide
transportation for rural communities.
``(5) Data-sharing criteria.--An eligible recipient in this
subsection shall provide data as the Secretary requires,
including--
``(A) number of ADA paratransit trips conducted each
year;
``(B) requested time of each paratransit trip;
``(C) scheduled time of each paratransit trip;
``(D) actual pickup time for each paratransit trip;
``(E) average length of a stop in the middle of a
ride as allowed by this subsection;
``(F) any complaints received by a paratransit rider;
``(G) rider satisfaction with paratransit services;
and
``(H) after the completion of the grant, an
assessment by the eligible recipient of its capacity to
continue a one-stop program independently.
``(6) Report.--
``(A) In general.--The Secretary shall make publicly
available an annual report on the program carried out
under this subsection for each fiscal year, not later
than December 31 of the calendar year in which such
fiscal year ends.
``(B) Contents.--The report required under
subparagraph (A) shall include a detailed description
of the activities carried out under the program, and an
evaluation of the program, including an evaluation of
the data shared by eligible recipients under paragraph
(5).''.
Subtitle C--Buy America and Other Procurement Reforms
SEC. 2301. BUY AMERICA.
(a) Buy America.--
(1) In general.--Chapter 53 of title 49, United States Code,
is amended by inserting before section 5321 the following:
``Sec. 5320. Buy America
``(a) In General.--The Secretary may obligate an amount that may be
appropriated to carry out this chapter for a project only if the steel,
iron, and manufactured goods used in the project are produced in the
United States.
``(b) Waiver.--The Secretary may waive subsection (a) if the
Secretary finds that--
``(1) applying subsection (a) would be inconsistent with the
public interest;
``(2) the steel, iron, and goods produced in the United
States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality;
``(3) when procuring rolling stock (including train control,
communication, traction power equipment, and rolling stock
prototypes) under this chapter--
``(A) the cost of components and subcomponents
produced in the United States is more than 70 percent
of the cost of all components of the rolling stock; and
``(B) final assembly of the rolling stock has
occurred in the United States; or
``(4) including domestic material will increase the cost of
the overall project by more than 25 percent.
``(c) Written Waiver Determination and Annual Report.--
``(1) Waiver procedure.--Not later than 120 days after the
submission of a request for a waiver, the Secretary shall make
a determination under subsection (b)(1), (b)(2), or (b)(4) as
to whether to waive subsection (a).
``(2) Public notification and comment.--
``(A) In general.--Not later than 30 days before
making a determination regarding a waiver described in
paragraph (1), the Secretary shall provide notification
and an opportunity for public comment on the request
for such waiver.
``(B) Notification requirements.--The notification
required under subparagraph (A) shall--
``(i) describe whether the application is
being made for a waiver described in subsection
(b)(1), (b)(2) or (b)(4); and
``(ii) be provided to the public by
electronic means, including on the public
website of the Department of Transportation.
``(3) Determination.--Before a determination described in
paragraph (1) takes effect, the Secretary shall publish a
detailed justification for such determination that addresses
all public comments received under paragraph (2)--
``(A) on the public website of the Department of
Transportation; and
``(B) if the Secretary issues a waiver with respect
to such determination, in the Federal Register.
``(4) Annual report.--Annually, the Secretary shall submit to
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report listing any waiver
issued under paragraph (1) during the preceding year.
``(d) Rolling Stock Waiver Conditions.--
``(1) Labor costs for final assembly.--In this section,
highly skilled labor costs involved in final assembly shall be
included as a separate component in the cost of components and
subcomponents under subsection (b)(3)(A).
``(2) High domestic content component bonus.--In this
section, in calculating the domestic content of the rolling
stock under subsection (b)(3), the percent, rounded to the
nearest whole number, of the domestic content in components of
such rolling stock, weighted by cost, shall be used in
calculating the domestic content of the rolling stock, except--
``(A) with respect to components that exceed--
``(i) 70 percent domestic content, the
Secretary shall add 10 additional percent to
the component's domestic content when
calculating the domestic content of the rolling
stock; and
``(ii) 75 percent domestic content, the
Secretary shall add 15 additional percent to
the component's domestic content when
calculating the domestic content of the rolling
stock; and
``(B) in no case may a component exceed 100 domestic
content when calculating the domestic content of the
rolling stock.
``(3) Rolling stock frames or car shells.--
``(A) Inclusion of costs.--Subject to the
substantiation requirement of subparagraph (B), in
carrying out, in calculating the cost of the domestic
content of the rolling stock under subsection (b)(3),
in the case of a rolling stock procurement receiving
assistance under this chapter in which the average cost
of a rolling stock vehicle in the procurement is more
than $300,000, if rolling stock frames or car shells
are not produced in the United States, the Secretary
shall include in the calculation of the domestic
content of the rolling stock the cost of the steel or
iron that is produced in the United States and used in
the rolling stock frames or car shells.
``(B) Substantiation.--If a rolling stock vehicle
manufacturer wishes to include in the calculation of
the vehicle's domestic content the cost of steel or
iron produced in the United States and used in the
rolling stock frames and car shells that are not
produced in the United States, the manufacturer shall
maintain and provide upon request a mill certification
that substantiates the origin of the steel or iron.
``(4) Treatment of waived components and subcomponents.--In
this section, a component or subcomponent waived under
subsection (b) shall be excluded from any part of the
calculation required under subsection (b)(3)(A).
``(5) Zero-emission vehicle domestic battery cell
incentive.--The Secretary shall provide an additional 2.5
percent of domestic content to the total rolling stock domestic
content percentage calculated under this section for any zero-
emission vehicle that uses only battery cells for propulsion
that are manufactured domestically.
``(6) Prohibition on double counting.--
``(A) In general.--No labor costs included in the
cost of a component or subcomponent by the manufacturer
of rolling stock may be treated as rolling stock
assembly costs for purposes of calculating domestic
content.
``(B) Violation.--A violation of this paragraph shall
be treated as a false claim under subchapter III of
chapter 37 of title 31.
``(7) Definition of highly skilled labor costs.--In this
subsection, the term `highly skilled labor costs'--
``(A) means the apportioned value of direct wage
compensation associated with final assembly activities
of workers directly employed by a rolling stock
original equipment manufacturer and directly associated
with the final assembly activities of a rolling stock
vehicle that advance the value or improve the condition
of the end product;
``(B) does not include any temporary or indirect
activities or those hired via a third-party contractor
or subcontractor;
``(C) are limited to metalworking, fabrication,
welding, electrical, engineering, and other technical
activities requiring training;
``(D) are not otherwise associated with activities
required under section 661.11 of title 49, Code of
Federal Regulations; and
``(E) includes only activities performed in the
United States and does not include that of foreign
nationals providing assistance at a United States
manufacturing facility.
``(e) Certification of Domestic Supply and Disclosure.--
``(1) Certification of domestic supply.--If the Secretary
denies an application for a waiver under subsection (b), the
Secretary shall provide to the applicant a written
certification that--
``(A) the steel, iron, or manufactured goods, as
applicable, (referred to in this paragraph as the
`item') is produced in the United States in a
sufficient and reasonably available amount;
``(B) the item produced in the United States is of a
satisfactory quality; and
``(C) includes a list of known manufacturers in the
United States from which the item can be obtained.
``(2) Disclosure.--The Secretary shall disclose the waiver
denial and the written certification to the public in an easily
identifiable location on the website of the Department of
Transportation.
``(f) Waiver Prohibited.--The Secretary may not make a waiver under
subsection (b) for goods produced in a foreign country if the
Secretary, in consultation with the United States Trade Representative,
decides that the government of that foreign country--
``(1) has an agreement with the United States Government
under which the Secretary has waived the requirement of this
section; and
``(2) has violated the agreement by discriminating against
goods to which this section applies that are produced in the
United States and to which the agreement applies.
``(g) Penalty for Mislabeling and Misrepresentation.--A person is
ineligible under subpart 9.4 of the Federal Acquisition Regulation, or
any successor thereto, to receive a contract or subcontract made with
amounts authorized under title II of the INVEST in America Act if a
court or department, agency, or instrumentality of the Government
decides the person intentionally--
``(1) affixed a `Made in America' label, or a label with an
inscription having the same meaning, to goods sold in or
shipped to the United States that are used in a project to
which this section applies but not produced in the United
States; or
``(2) represented that goods described in paragraph (1) were
produced in the United States.
``(h) State Requirements.--The Secretary may not impose any
limitation on assistance provided under this chapter that restricts a
State from imposing more stringent requirements than this subsection on
the use of articles, materials, and supplies mined, produced, or
manufactured in foreign countries in projects carried out with that
assistance or restricts a recipient of that assistance from complying
with those State-imposed requirements.
``(i) Opportunity to Correct Inadvertent Error.--The Secretary may
allow a manufacturer or supplier of steel, iron, or manufactured goods
to correct after bid opening any certification of noncompliance or
failure to properly complete the certification (but not including
failure to sign the certification) under this subsection if such
manufacturer or supplier attests under penalty of perjury that such
manufacturer or supplier submitted an incorrect certification as a
result of an inadvertent or clerical error. The burden of establishing
inadvertent or clerical error is on the manufacturer or supplier.
``(j) Administrative Review.--A party adversely affected by an agency
action under this subsection shall have the right to seek review under
section 702 of title 5.
``(k) Steel and Iron.--For purposes of this section, steel and iron
meeting the requirements of section 661.5(b) of title 49, Code of
Federal Regulations, may be considered produced in the United States.
``(l) Definition of Small Purchase.--For purposes of determining
whether a purchase qualifies for a general public interest waiver under
subsection (b)(1), including under any regulation promulgated under
such subsection, the term `small purchase' means a purchase of not more
than $150,000.
``(m) Preaward and Postdelivery Review of Rolling Stock Purchases.--
``(1) In general.--The Secretary shall prescribe regulations
requiring a preaward and postdelivery certification of a
rolling stock vehicle that meets the requirements of this
section and Government motor vehicle safety requirements to be
eligible for a grant under this chapter. For compliance with
this section--
``(A) Federal inspections and review are required;
``(B) a manufacturer certification is not sufficient;
and
``(C) a rolling stock vehicle that has been certified
by the Secretary remains certified until the
manufacturer makes a material change to the vehicle, or
adjusts the cost of all components of the rolling
stock, that reduces, by more than half, the percentage
of domestic content above 70 percent.
``(2) Certification of percentage.--The Secretary may, at the
request of a component or subcomponent manufacturer, certify
the percentage of domestic content and place of manufacturing
for a component or subcomponent.
``(3) Freedom of information act.--In carrying out this
subsection, the Secretary shall consistently apply the
provisions of section 552 of title 5, including subsection
(b)(4) of such section.
``(4) Noncompliance.--The Secretary shall prohibit recipients
from procuring rolling stock, components, or subcomponents from
a supplier that intentionally provides false information to
comply with this subsection.
``(n) Scope.--The requirements of this section apply to all contracts
for a public transportation project carried out within the scope of the
applicable finding, determination, or decision under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless
of the funding source of such contracts, if at least one contract for
the public transportation project is funded with amounts made available
to carry out this chapter.
``(o) Buy America Conformity.--The Secretary shall ensure that all
Federal funds for new commuter rail projects shall comply with this
section and shall not be subject to section 22905(a).
``(p) Audits and Reporting of Waste, Fraud, and Abuse.--
``(1) In general.--The Inspector General of the Department of
Transportation shall conduct an annual audit on certifications
under subsection (m) regarding compliance with Buy America.
``(2) Report fraud, waste, and abuse.--The Secretary shall
display a `Report Fraud, Waste, and Abuse' button and link to
Department of Transportation's Office of Inspector General
Hotline on the Federal Transit Administration's Buy America
landing page.
``(3) Contract requirement.--The Secretary shall require all
recipients who enter into contracts to purchase rolling stock
with funds provided under this chapter to include in such
contract information on how to contact the Department of
Transportation's Office of Inspector General Hotline to report
suspicions of fraud, waste, and abuse.
``(q) Passenger Motor Vehicles.--
``(1) In general.--Any domestically manufactured passenger
motor vehicle shall be considered to be produced in the United
States under this section.
``(2) Domestically manufactured passenger motor vehicle.--In
this subsection, the term `domestically manufactured passenger
motor vehicle' means any passenger motor vehicle, as such term
is defined in section 32304(a) that--
``(A) has under section 32304(b)(1)(B) its final
assembly place in the United States; and
``(B) the percentage (by value) of passenger motor
equipment under section 32304(b)(1)(A) equals or
exceeds 60 percent value added.
``(r) Rolling Stock Components and Subcomponents.--No component or
subcomponent of rolling stock shall be treated as produced in the
United States for purposes of subsection (b)(3) or determined to be of
domestic origin under section 661.11 of title 49, Code of Federal
Regulations, if the material inputs of such component or subcomponent
were imported into the United States and the operations performed in
the United States on the imported articles would not result in a change
in the article's classification to chapter 86 or 87 of the Harmonized
Tariff Schedule of the United States from another chapter or a new
heading of any chapter from the heading under which the article was
classified upon entry.
``(s) Treatment of Steel and Iron Components as Produced in the
United States.--Notwithstanding any other provision of any law or any
rule, regulation, or policy of the Federal Transit Administration,
steel and iron components of a system, as defined in section 661.3 of
title 49, Code of Federal Regulations, and of manufactured end products
referred to in Appendix A of such section, may not be considered to be
produced in the United States unless such components meet the
requirements of section 661.5(b) of title 49, Code of Federal
Regulations.
``(t) Requirement for Transit Agencies.--Notwithstanding the
provisions of this section, if a transit agency accepts Federal funds,
such agency shall adhere to the Buy America provisions set forth in
this section when procuring rolling stock.''.
(2) Clerical amendment.--The analysis for chapter 53 of title
49, United States Code, is amended by inserting before the item
relating to section 5321 the following:
``5320. Buy America.''.
(3) Conforming amendments.--
(A) Technical assistance and workforce development.--
Section 5314(a)(2)(G) of title 49, United States Code,
is amended by striking ``sections 5323(j) and 5323(m)''
and inserting ``section 5320''.
(B) Urbanized area formula grants.--Section
5307(c)(1)(E) of title 49, United States Code, is
amended by inserting ``, 5320,'' after ``5323''.
(C) Innovative procurement.--Section
3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 5325 note)
is amended by striking ``5232(j)'' and inserting
``5320''.
(b) Bus Rolling Stock.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall issue such
regulations as are necessary to revise Appendix B and Appendix D of
section 661.11 of title 49, Code of Federal Regulations, with respect
to bus rolling stock to maximize job creation and align such section
with modern manufacturing techniques.
(c) Rail Rolling Stock.--Not later than 30 months after the date of
enactment of this Act, the Secretary shall issue such regulations as
are necessary to revise subsections (t), (u), and (v) of section 661.11
of title 49, Code of Federal Regulations, with respect to rail rolling
stock to maximize job creation and align such section with modern
manufacturing techniques.
(d) Rule of Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
any contract entered into on or after the date of enactment of
this Act.
(2) Delayed applicability of certain provisions.--Contracts
described in paragraph (1) shall be subject to the following
delayed applicability requirements:
(A) Section 5320(m)(2) shall apply to contracts
entered into on or after the date that is 30 days after
the date of enactment of this Act.
(B) Notwithstanding subparagraph (A), section 5320(m)
shall apply to contracts for the procurement of bus
rolling stock beginning on the earlier of--
(i) 180 days after the date on which final
regulations are issued pursuant to subsection
(b); or
(ii) the date that is 1 year after the date
of enactment of this Act.
(C) Notwithstanding subparagraph (A), section 5320(m)
shall apply to contracts for the procurement of rail
rolling stock beginning on the earlier of--
(i) 180 days after the date on which final
regulations are issued pursuant to subsection
(c); or
(ii) the date that is 2 years after the date
of enactment of this Act.
(D) Section 5320(p)(1) shall apply on the date that
is 1 year after the latest of the application dates
described in subparagraphs (A) through (C).
(3) Special rule for certain contracts.--For any contract
described in paragraph (1) for which the delivery for the first
production vehicle occurs before October 1, 2024, paragraphs
(1) and (4) of section 5320(d) shall not apply.
(4) Special rule for battery cell incentives.--For any
contract described in paragraph (1) for which the delivery for
the first production vehicle occurs before October 1, 2022,
section 5320(d)(5) shall not apply.
(e) Special Rule for Domestic Content.--For the calculation of the
percent of domestic content calculated under section 5320(d)(2) for a
contract for rolling stock entered into on or after October 1, 2020--
(1) if the delivery of the first production vehicle occurs in
fiscal year 2022 or fiscal year 2023, for components that
exceed 70 percent domestic content, the Secretary shall add 20
additional percent to the component's domestic content; and
(2) if the delivery of the first production vehicle occurs in
fiscal year 2024 or fiscal year 2025--
(A) for components that exceed 70 percent but do not
exceed 75 percent domestic content, the Secretary shall
add 15 additional percent to the component's domestic
content; or
(B) for components that exceed 75 percent domestic
content, the Secretary shall add 20 additional percent
to the component's domestic content.
SEC. 2302. BUS PROCUREMENT STREAMLINING.
Section 5323 of title 49, United States Code, as is amended by adding
at the end the following:
``(x) Bus Procurement Streamlining.--
``(1) In general.--The Secretary may only obligate amounts
for acquisition of buses under this chapter to a recipient that
issues a request for proposals for an open market procurement
that meets the following criteria:
``(A) Such request for proposals is limited to
performance specifications, except for components or
subcomponents identified in the negotiated rulemaking
carried out pursuant to this subsection.
``(B) Such request for proposals does not seek any
alternative design or manufacture specification of a
bus offered by a manufacturer, except to require a
component or subcomponent identified in the negotiated
rulemaking carried out pursuant to this subsection.
``(2) Specific bus component negotiated rulemaking.--
``(A) Initiation.--Not later than 120 days after the
date of enactment of the INVEST in America Act, the
Secretary shall initiate procedures under subchapter
III of chapter 5 of title 5 to negotiate and issue such
regulations as are necessary to establish as limited a
list as is practicable of bus components and
subcomponents described in subparagraph (B).
``(B) List of components.--The regulations required
under subparagraph (A) shall establish a list of bus
components and subcomponents that may be specified in a
request for proposals described in paragraph (1) by a
recipient. The Secretary shall ensure the list is
limited in scope and limited to only components and
subcomponents that cannot be selected with performance
specifications to ensure interoperability.
``(C) Publication of proposed regulations.--Proposed
regulations to implement this section shall be
published in the Federal Register by the Secretary not
later than 18 months after such date of enactment.
``(D) Committee.--A negotiated rulemaking committee
established pursuant to section 565 of title 5 to carry
out this paragraph shall have a maximum of 11 members
limited to representatives of the Department of
Transportation, urban and rural recipients (including
State government recipients), and transit vehicle
manufacturers.
``(E) Extension of deadlines.--A deadline set forth
in subparagraph (C) may be extended up to 180 days if
the negotiated rulemaking committee referred to in
subparagraph (D) concludes that the committee cannot
meet the deadline and the Secretary so notifies the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
``(3) Savings clause.--Nothing in this section shall be
construed to provide additional authority for the Secretary to
restrict what a bus manufacturer offers to sell to a public
transportation agency.''.
SEC. 2303. BUS TESTING FACILITY.
Section 5318 of title 49, United States Code, is amended by adding at
the end the following:
``(f) Testing Schedule.--The Secretary shall--
``(1) determine eligibility of a bus manufacturer's request
for testing within 10 business days;
``(2) make publicly available the current backlog (in months)
to begin testing a new bus at the bus testing facility; and
``(3) designate The Ohio State University as the autonomous
and advanced driver-assistance systems test development
facility for all bus testing with autonomous or advanced
driver-assistance systems technology and The Ohio State
University will also serve as the over-flow new model bus
testing facility to Altoona.''.
SEC. 2304. REPAYMENT REQUIREMENT.
(a) In General.--A transit agency shall repay into the general fund
of the Treasury all funds received from the Federal Transit
Administration under the heading ``Federal Transit Administration,
Transit Infrastructure Grants'' under the CARES Act (Public Law 116-
136) if any portion of the funding was used to award a contract or
subcontract to an entity for the procurement of rolling stock for use
in public transportation if the manufacturer of the rolling stock--
(1) is incorporated in or has manufacturing facilities in the
United States; and
(2) is owned or controlled by, is a subsidiary of, or is
otherwise related legally or financially to a corporation based
in a country that--
(A) is identified as a nonmarket economy country (as
defined in section 771(18) of the Tariff Act of 1930
(19 U.S.C. 1677(18))) as of the date of enactment of
this subsection;
(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a priority foreign country under subsection (a)(2)
of that section; and
(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
(b) Certification.--Not later than 60 days after the date of
enactment of this section, a transit agency that received funds
pursuant to the CARES Act (Public Law 116-136) shall certify that the
agency has not and shall not use such funds to purchase rolling stock
described in subsection (a). Repayment shall also be required for any
such agency that fails to certify in accordance with the preceding
sentence.
SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING A MAJOR DISASTER.
(a) In General.--Section 5323 of title 49, United States Code, is
amended by adding at the end the following:
``(y) Urbanized Areas Following a Major Disaster.--
``(1) Defined term.--In this subsection, the term `decennial
census date' has the meaning given the term in section 141(a)
of title 13.
``(2) Urbanized area major disaster population criteria.--
Notwithstanding section 5302, for purposes of this chapter, the
Secretary shall treat an area as an urbanized area for the
period described in paragraph (3) if--
``(A) a major disaster was declared by the President
under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170)
for the area during the 3-year period preceding the
decennial census date for the 2010 decennial census or
for any subsequent decennial census;
``(B) the area was defined and designated as an
`urbanized area' by the Secretary of Commerce in the
decennial census immediately preceding the major
disaster described in subparagraph (A); and
``(C) the population of the area fell below 50,000 as
a result of the major disaster described in
subparagraph (A).
``(3) Covered period.--The Secretary shall treat an area as
an urbanized area under paragraph (2) during the period--
``(A) beginning on--
``(i) in the case of a major disaster
described in paragraph (2)(A) that occurred
during the 3-year period preceding the
decennial census date for the 2010 decennial
census, October 1 of the first fiscal year that
begins after the date of enactment of this
subsection; or
``(ii) in the case of any other major
disaster described in paragraph (2)(A), October
1 of the first fiscal year--
``(I) that begins after the decennial
census date for the first decennial
census conducted after the major
disaster; and
``(II) for which the Secretary has
sufficient data from that census to
determine that the area qualifies for
treatment as an urbanized area under
paragraph (2); and
``(B) ending on the day before the first fiscal
year--
``(i) that begins after the decennial census
date for the second decennial census conducted
after the major disaster described in paragraph
(2)(A); and
``(ii) for which the Secretary has sufficient
data from that census to determine which areas
are urbanized areas for purposes of this
chapter.
``(4) Population calculation.--An area treated as an
urbanized area under this subsection shall be assigned the
population and square miles of the urbanized area designated by
the Secretary of Commerce in the most recent decennial census
conducted before the major disaster described in paragraph
(2)(A).
``(5) Savings provision.--Nothing in this subsection may be
construed to affect apportionments made under this chapter
before the date of enactment of this subsection.''.
(b) Amendment Takes Effect on Enactment.--Notwithstanding section
1001, the amendment made by subsection (a) shall take effect on the
date of enactment of this Act.
SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK PROCUREMENTS.
Section 5323(u)(5)(A) of title 49, United States Code, (as
redesignated by this Act) is amended by striking ``made by a public
transportation agency with a rail rolling stock manufacturer described
in paragraph (1)'' and inserting ``as of December 20, 2019, including
options and other requirements tied to these contracts or subcontracts,
made by a public transportation agency with a restricted rail rolling
stock manufacturer''.
SEC. 2307. CERTIFICATION REQUIREMENTS.
(a) Limitation of Treatment of Domestic or U.S. Origin.--
Notwithstanding any other provision of any law or any rule, regulation,
or policy of the Administration, including part 661 of title 49, Code
of Federal Regulations, no article, material, or supply, shall be
treated as a component of ``U.S. origin'' for purposes of section 661.5
of title 49, Code of Federal Regulations, or a component or
subcomponent of domestic origin for purposes of section 661.11 of title
49, Code of Federal Regulations, if--
(1) it contains any material inputs manufactured or supplied
by entities that--
(A) are subject to relief authorized under the fair
trade laws of the United States, including subtitle B
of title VII of the Tariff Act of 1930 (19 U.S.C. 1673
et seq.) and subtitle A of title VII of the Tariff Act
of 1930 (19 U.S.C. 1671 et seq.);
(B) are owned or controlled by entities subject to
United States sanctions; or
(C) are entities owned by a foreign government,
closely linked to or in partnership with a foreign
government or whose directors or organizational and
board leadership include any person serving in any
capacity in the defense apparatus of another nation;
(2) it contains or uses covered telecommunications equipment
or services as that term is defined by section 889 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232); or
(3) it is of a class or category of products and was produced
by a manufacturer or an affiliate of such a manufacturer found
to have violated United States intellectual property laws,
including trade secret theft under section 1832(a)(5) of title
18, United States Code, found to have committed economic
espionage under section 183J(a)(5) of such title, or deemed to
have infringed the intellectual property rights of any person
in the United States.
(b) Certification.--If buses or other rolling stock are being
procured, the Administrator of the Federal Transit Administration shall
require as a condition of responsiveness that each bidder certify that
no component, subcomponent, article, material, or supply described in
subparagraphs (A) through (C) of subsection (a)(1) of this section is
incorporated in or used by the rolling stock that is offered by the
bidder.
Subtitle D--Bus Grant Reforms
SEC. 2401. FORMULA GRANTS FOR BUSES.
Section 5339(a) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``and subsection (d)'' after ``In
this subsection'';
(B) in subparagraph (A) by striking ``term `low or no
emission vehicle' has'' and inserting ``term `zero
emission vehicle' has'';
(C) in subparagraph (B) by inserting ``and the
District of Columbia'' after ``United States''; and
(D) in subparagraph (C) by striking ``the District of
Columbia,'';
(2) in paragraph (2)(A) by striking ``low or no emission
vehicles'' and inserting ``zero emission vehicles'';
(3) in paragraph (4)--
(A) in subparagraph (A) by inserting ``and subsection
(d)'' after ``this subsection''; and
(B) in subparagraph (B) by inserting ``and subsection
(d)'' after ``this subsection'';
(4) in paragraph (5)(A)--
(A) by striking ``$90,500,000'' and inserting
``$156,750,000'';
(B) by striking ``2016 through 2020'' and inserting
``2022 through 2025'';
(C) by striking ``$1,750,000'' and inserting
``$3,000,000''; and
(D) by striking ``$500,000'' and inserting
``$750,000'';
(5) in paragraph (7) by adding at the end the following:
``(C) Special rule for buses and related equipment
for zero emission vehicles.--Notwithstanding
subparagraph (A), a grant for a capital project for
buses and related equipment for zero emission vehicles
under this subsection shall be for 90 percent of the
net capital costs of the project. A recipient of a
grant under this subsection may provide additional
local matching amounts.'';
(6) in paragraph (8) by striking ``3 fiscal years'' and
inserting ``4 fiscal years'' each place such term appears; and
(7) by striking paragraph (9).
SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COMPETITIVE GRANTS.
Section 5339(b) of title 49, United States Code, is amended--
(1) in the heading by striking ``Buses and Bus Facilities
Competitive Grants'' and inserting ``Bus Facilities and Fleet
Expansion Competitive Grants'';
(2) in paragraph (1)--
(A) by striking ``buses and'';
(B) by inserting ``and certain buses'' after
``capital projects'';
(C) in subparagraph (A) by striking ``buses or
related equipment'' and inserting ``bus-related
facilities''; and
(D) by striking subparagraph (B) and inserting the
following:
``(B) purchasing or leasing buses that will not
replace buses in the applicant's fleet at the time of
application and will be used to--
``(i) increase the frequency of bus service;
or
``(ii) increase the service area of the
applicant.'';
(3) by striking paragraph (2) and inserting the following:
``(2) Grant considerations.--In making grants--
``(A) under subparagraph (1)(A), the Secretary shall
only consider--
``(i) the age and condition of bus-related
facilities of the applicant compared to all
applicants and proposed improvements to the
resilience (as such term is defined in section
5302) of such facilities;
``(ii) for a facility within or partially
within the 100-year floodplain, whether such
facility will be at least 2 feet above the base
flood elevation; and
``(iii) for a bus station, the degree of
multi-modal connections at such station; and
``(B) under paragraph (1)(B), the Secretary shall
consider the improvements to headway and projected new
ridership.''; and
(4) in paragraph (6) by striking subparagraph (B) and
inserting the following:
``(B) Government share of costs.--
``(i) In general.--The Government share of
the cost of an eligible project carried out
under this subsection shall not exceed 80
percent.
``(ii) Special rule for buses and related
equipment for zero emission vehicles.--
Notwithstanding clause (i), the Government
share of the cost of an eligible project for
the financing of buses and related equipment
for zero emission vehicles shall not exceed 90
percent.''.
SEC. 2403. ZERO EMISSION BUS GRANTS.
(a) In General.--Section 5339(c) of title 49, United States Code, is
amended--
(1) in the heading by striking ``Low or No Emission Grants''
and inserting ``Zero Emission Grants'';
(2) in paragraph (1)--
(A) in subparagraph (B)--
(i) in clause (i) by striking ``low or no
emission'' and inserting ``zero emission'';
(ii) in clause (ii) by striking ``low or no
emission'' and inserting ``zero emission'';
(iii) in clause (iii) by striking ``low or no
emission'' and inserting ``zero emission'';
(iv) in clause (iv) by striking ``facilities
and related equipment for low or no emission''
and inserting ``related equipment for zero
emission'';
(v) in clause (v) by striking ``facilities
and related equipment for low or no emission
vehicles;'' and inserting ``related equipment
for zero emission vehicles; or'';
(vi) in clause (vii) by striking ``low or no
emission'' and inserting ``zero emission'';
(vii) by striking clause (vi); and
(viii) by redesignating clause (vii) as
clause (vi);
(B) by striking subparagraph (D) and inserting the
following:
``(D) the term `zero emission bus' means a bus that
is a zero emission vehicle;'';
(C) by striking subparagraph (E) and inserting the
following:
``(E) the term `zero emission vehicle' means a
vehicle used to provide public transportation that
produces no carbon dioxide or particulate matter;'';
(D) in subparagraph (F) by striking ``and'' at the
end;
(E) by striking subparagraph (G) and inserting the
following:
``(G) the term `eligible area' means an area that
is--
``(i) designated as a nonattainment area for
ozone or particulate matter under section
107(d) of the Clean Air Act (42 U.S.C.
7407(d));
``(ii) a maintenance area, as such term is
defined in section 5303, for ozone or
particulate matter; or
``(iii) in a State that has enacted a
statewide zero emission bus transition
requirement, as determined by the Secretary;
and''; and
(F) by adding at the end the following:
``(H) the term `low-income community' means any
population census tract if--
``(i) the poverty rate for such tract is at
least 20 percent; or
``(ii) in the case of a tract--
``(I) not located within a
metropolitan area, the median family
income for such tract does not exceed
80 percent of statewide median family
income; or
``(II) located within a metropolitan
area, the median family income for such
tract does not exceed 80 percent of the
greater statewide median family income
or the metropolitan area median family
income.'';
(3) by striking paragraph (5) and inserting the following:
``(5) Grant eligibility.--In awarding grants under this
subsection, the Secretary shall make grants to eligible
projects relating to the acquisition or leasing of zero
emission buses or bus facility improvements--
``(A) that procure--
``(i) at least 10 zero emission buses;
``(ii) if the recipient operates less than 50
buses in peak service, at least 5 zero emission
buses; or
``(iii) hydrogen buses;
``(B) for which the recipient's board of directors
has approved a long-term integrated fleet management
plan that--
``(i) establishes a goal by a set date to
convert the entire bus fleet to zero emission
buses; or
``(ii) establishes a goal that within 10
years from the date of approval of such plan
the recipient will convert a set percentage of
the total bus fleet of such recipient to zero
emission buses; and
``(C) for which the recipient has performed a fleet
transition study that includes optimal route planning
and an analysis of how utility rates may impact the
recipient's operations and maintenance budget.
``(6) 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.''; and
(4) by adding at the end the following:
``(8) Certification.--The Secretary of Commerce shall certify
that no projects carried out under this subsection use minerals
sourced or processed with 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.''.
(b) Metropolitan Transportation Planning.--Section 5303(b) of title
49, United States Code, is amended by adding at the end the following:
``(8) Maintenance area.--The term `maintenance area' has the
meaning given the term in sections 171(2) and 175A of the Clean
Air Act (42 U.S.C. 7501(2); 7505a).''.
SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FORMULA SUBGRANT.
Section 5339 of title 49, United States Code, is amended by adding at
the end the following:
``(d) Restoration to State of Good Repair Formula Subgrant.--
``(1) General authority.--The Secretary may make grants under
this subsection to assist eligible recipients and subrecipients
described in paragraph (2) in financing capital projects to
replace, rehabilitate, and purchase buses and related
equipment.
``(2) Eligible recipients and subrecipients.--Not later than
September 1 annually, the Secretary shall make public a list of
eligible recipients and subrecipients based on the most recent
data available in the National Transit Database to calculate
the 20 percent of eligible recipients and subrecipients with
the highest percentage of asset vehicle miles for buses beyond
the useful life benchmark established by the Federal Transit
Administration.
``(3) Urban apportionments.--Funds allocated under section
5338(a)(2)(L)(ii) shall be--
``(A) distributed to--
``(i) designated recipients in an urbanized
area with a population of more than 200,000
made eligible by paragraph (1); and
``(ii) States based on subrecipients made
eligible by paragraph (1) in an urbanized area
under 200,000; and
``(B) allocated pursuant to the formula set forth in
section 5336 other than subsection (b), using the data
from the 20 percent of eligible recipients and
subrecipients.
``(4) Rural allocation.--The Secretary shall--
``(A) calculate the percentage of funds under section
5338(a)(2)(L)(ii) to allocate to rural subrecipients by
dividing--
``(i) the asset vehicle miles for buses
beyond the useful life benchmark (established
by the Federal Transit Administration) of the
rural subrecipients described in paragraph (2);
by
``(ii) the total asset vehicle miles for
buses beyond such benchmark of all eligible
recipients and subrecipients described in
paragraph (2); and
``(B) prior to the allocation described in paragraph
(3)(B), apportion to each State the amount of the total
rural allocation calculated under subparagraph (A)
attributable to such State based the proportion that--
``(i) the asset vehicle miles for buses
beyond the useful life benchmark (established
by the Federal Transit Administration) for
rural subrecipients described in paragraph (2)
in such State; bears to
``(ii) the total asset vehicle miles
described in subparagraph (A)(i).
``(5) Application of other provisions.--Paragraphs (3), (7),
and (8) of subsection (a) shall apply to eligible recipients
and subrecipients described in paragraph (2) of a grant under
this subsection.
``(6) Prohibition.--No eligible recipient or subrecipient
outside the top 5 percent of asset vehicle miles for buses
beyond the useful life benchmark established by the Federal
Transit Administration may receive a grant in both fiscal year
2022 and fiscal year 2023.
``(7) Requirement.--The Secretary shall require--
``(A) States to expend, to the benefit of the
subrecipients eligible under paragraph (2), the
apportioned funds attributed to such subrecipients; and
``(B) designated recipients to provide the allocated
funds to the recipients eligible under paragraph (2)
the apportioned funds attributed to such recipients.''.
Subtitle E--Supporting All Riders
SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS.
Section 5336(j) of title 49, United States Code, is amended
(1) in paragraph (1) by striking ``75 percent'' and inserting
``50 percent'';
(2) in paragraph (2) by striking ``25 percent'' and inserting
``12.5 percent''; and
(3) by adding at the end the following:
``(3) 30 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population of
200,000 or more in the ratio that--
``(A) the number of individuals in each such
urbanized area residing in an urban census tract with a
poverty rate of at least 20 percent during the 5 years
most recently ending; bears to
``(B) the number of individuals in all such urbanized
areas residing in an urban census tract with a poverty
rate of at least 20 percent during the 5 years most
recently ending; and
``(4) 7.5 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population
less than 200,000 in the ratio that--
``(A) the number of individuals in each such
urbanized area residing in an urban census tract with a
poverty rate of at least 20 percent during the 5 years
most recently ending; bears to
``(B) the number of individuals in all such areas
residing in an urban census tract with a poverty rate
of at least 20 percent during the 5 years most recently
ending.''.
SEC. 2502. RURAL PERSISTENT POVERTY FORMULA.
Section 5311 of title 49, United States Code, as amended in section
2204, is further amended--
(1) in subsection (a) by adding at the end the following:
``(3) Persistent poverty county.--The term `persistent
poverty county' means any county with a poverty rate of at
least 20 percent--
``(A) as determined in each of the 1990 and 2000
decennial censuses;
``(B) in the Small Area Income and Poverty Estimates
of the Bureau of the Census for the most recent year
for which the estimates are available; and
``(C) has at least 25 percent of its population in
rural areas.'';
(2) in subsection (b)(2)(C)(i) by inserting ``and persistent
poverty counties'' before the semicolon; and
(3) in subsection (c) by striking paragraph (2) and inserting
the following:
``(2) Persistent poverty public transportation assistance
program.--
``(A) In general.--The Secretary shall carry out a
public transportation assistance program for areas of
persistent poverty.
``(B) Apportionment.--Of amounts made available or
appropriated for each fiscal year under section
5338(a)(2)(E)(ii) to carry out this paragraph, the
Secretary shall apportion funds to recipients for
service in, or directly benefitting, persistent poverty
counties for any eligible purpose under this section in
the ratio that--
``(i) the number of individuals in each such
rural area residing in a persistent poverty
county; bears to
``(ii) the number of individuals in all such
rural areas residing in a persistent poverty
county.''.
SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT REDUCED FARE TRANSIT.
Section 5312 of title 49, United States Code, is amended by adding at
the end the following:
``(j) Demonstration Grants to Support Reduced Fare Transit.--
``(1) In general.--Not later than 300 days after the date of
enactment of the INVEST in America Act, the Secretary shall
award grants (which shall be known as `Access to Jobs Grants')
to eligible entities, on a competitive basis, to implement
reduced fare transit service.
``(2) Notice.--Not later than 180 days after the date of
enactment of the INVEST in America Act, the Secretary shall
provide notice to eligible entities of the availability of
grants under paragraph (1).
``(3) Application.--To be eligible to receive a grant under
this subsection, an eligible recipient shall submit to the
Secretary an application containing such information as the
Secretary may require, including, at a minimum, the following:
``(A) A description of how the eligible entity plans
to implement reduced fare transit access with respect
to low-income individuals, including any eligibility
requirements for such transit access.
``(B) A description of how the eligible entity will
consult with local community stakeholders, labor
unions, local education agencies and institutions of
higher education, public housing agencies, and
workforce development boards in the implementation of
reduced fares.
``(C) A description of the eligible entity's current
fare evasion enforcement policies, including how the
eligible entity plans to use the reduced fare program
to reduce fare evasion.
``(D) An estimate of additional costs to such
eligible entity as a result of reduced transit fares.
``(4) Grant duration.--Grants awarded under this subsection
shall be for a 2-year period.
``(5) Selection of eligible recipients.--In carrying out the
program under this subsection, the Secretary shall award not
more than 20 percent of grants to eligible entities located in
rural areas.
``(6) Uses of funds.--An eligible entity receiving a grant
under this subsection shall use such grant to implement a
reduced fare transit program and offset lost fare revenue.
``(7) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means a State, local, or Tribal governmental entity
that operates a public transportation service and is a
recipient or subrecipient of funds under this chapter.
``(B) Low-income individual.--The term `low-income
individual' means an individual--
``(i) that has qualified for--
``(I) any program of medical
assistance under a State plan or under
a waiver of the plan under title XIX of
the Social Security Act (42 U.S.C. 1396
et seq.);
``(II) supplemental nutrition
assistance program (SNAP) under the
Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.);
``(III) the program of block grants
for States for temporary assistance for
needy families (TANF) established under
part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(IV) the free and reduced price
school lunch program established under
the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.);
``(V) a housing voucher through
section 8(o) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(o));
``(VI) benefits under the Low-Income
Home Energy Assistance Act of 1981; or
``(VII) special supplemental food
program for women, infants and children
(WIC) under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786);
or
``(ii) whose family income is at or below a
set percent (as determined by the eligible
recipient) of the poverty line (as that term is
defined in section 673(2) of the Community
Service Block Grant Act (42 U.S.C. 9902(2)),
including any revision required by that
section) for a family of the size involved.
``(8) Report.--The Secretary shall designate a university
transportation center under section 5505 to collaborate with
the eligible entities receiving a grant under this subsection
to collect necessary data to evaluate the effectiveness of
meeting the targets described in the application of such
recipient, including increased ridership and progress towards
significantly closing transit equity gaps.''.
Subtitle F--Supporting Frontline Workers and Passenger Safety
SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE TRAINING CENTER.
Section 5314(b) of title 49, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) National transit frontline workforce training center.--
``(A) Establishment.--The Secretary shall establish a
national transit frontline workforce training center
(hereinafter referred to as the `Center') and award
grants to a nonprofit organization with a demonstrated
capacity to develop and provide transit career ladder
programs through labor-management partnerships and
apprenticeships on a nationwide basis, in order to
carry out the duties under subparagraph (B). The Center
shall be dedicated to the needs of the frontline
transit workforce in both rural and urban transit
systems by providing standards-based training in the
maintenance and operations occupations.
``(B) Duties.--
``(i) In general.--In cooperation with the
Administrator of the Federal Transit
Administration, public transportation
authorities, and national entities, the Center
shall develop and conduct training and
educational programs for frontline local
transportation employees of recipients eligible
for funds under this chapter.
``(ii) Training and educational programs.--
The training and educational programs developed
under clause (i) may include courses in recent
developments, techniques, and procedures
related to--
``(I) developing consensus national
training standards in partnership with
industry stakeholders for key frontline
transit occupations with demonstrated
skill gaps;
``(II) developing national systems of
qualification and apprenticeship 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 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 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
partnerships with schools and other
community organizations for recruiting
and training under-represented
populations as successful transit
employees who can develop careers in
the transit industry; and
``(VIII) in collaboration with the
Administrator of the Federal Transit
Administration and organizations
representing public transit agencies,
conducting and disseminating research
to--
``(aa) provide transit
workforce job projections and
identify training needs and
gaps;
``(bb) determine the most
cost-effective methods for
transit workforce training and
development, including return
on investment analysis;
``(cc) identify the most
effective methods for
implementing successful safety
systems and a positive safety
culture; and
``(dd) promote transit
workforce best practices for
achieving cost-effective,
quality, safe, and reliable
public transportation services.
``(C) Coordination.--The Secretary shall coordinate
activities under this section, to the maximum extent
practicable, with the National Office of Apprenticeship
of the Department of Labor and the Office of Career,
Technical, and Adult Education of the Department of
Education.
``(D) Availability of amounts.--
``(i) In general.--Not more than 1 percent of
amounts made available to a recipient under
sections 5307, 5311, 5337, and 5339 is
available for expenditures by the recipient,
with the approval of the Secretary, to pay not
more than 80 percent of the cost of eligible
activities under this subsection.
``(ii) Existing programs.--A recipient may
use amounts made available under clause (i) to
carry out existing local education and training
programs for public transportation employees
supported by the Secretary, the Department of
Labor, or the Department of Education.'';
(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 (d)--
(A) in paragraph (1)--
(i) in subparagraph (A) by inserting ``the
safety committee established under paragraph
(4), and subsequently,'' before ``the board of
directors'';
(ii) in subparagraph (C) by striking
``public, personnel, and property'' and
inserting ``public and personnel to injuries,
assaults, and fatalities, and strategies to
minimize the exposure of property'';
(iii) by striking subparagraph (G) and
inserting the following:
``(G) a comprehensive staff training program for the
operations and maintenance personnel and personnel
directly responsible for safety of the recipient that
includes--
``(i) the completion of a safety training
program;
``(ii) continuing safety education and
training; and
``(iii) de-escalation training;
``(H) a requirement that the safety committee only
approve a safety plan under subparagraph (A) if such
plan stays within such recipient's fiscal budget; and
``(I) a risk reduction program for transit operations
to improve safety by reducing the number and rates of
accidents, injuries, and assaults on transit workers
using data submitted to the National Transit Database,
including--
``(i) a reduction of vehicular and pedestrian
accidents involving buses that includes
measures to reduce visibility impairments for
bus operators that contribute to accidents,
including retrofits to buses in revenue service
and specifications for future procurements that
reduce visibility impairments; and
``(ii) transit worker assault mitigation,
including the deployment of assault mitigation
infrastructure and technology on buses,
including barriers to restrict the unwanted
entry of individuals and objects into bus
operators' workstations when a recipient's risk
analysis performed by the safety committee
established in paragraph (4) determines that
such barriers or other measures would reduce
assaults on and injuries to transit workers;
and''; and
(B) by adding at the end the following:
``(4) Safety committee.--For purposes of the approval process
of an agency safety plan under paragraph (1), the safety
committee shall be convened by a joint labor-management process
and consist of an equal number of--
``(A) frontline employee representatives, selected by
the labor organization representing the plurality of
the frontline workforce employed by the recipient or if
applicable a contractor to the recipient; and
``(B) employer or State representatives.''; and
(3) in subsection (e)(4)(A)(v) by inserting ``, inspection,''
after ``has investigative''.
SEC. 2603. INNOVATION WORKFORCE STANDARDS.
(a) Prohibition on Use of Funds.--No financial assistance under
chapter 53 of title 49, United States Code, may be used for--
(1) an automated vehicle providing public transportation
unless--
(A) the recipient of such assistance that proposes to
deploy an automated vehicle providing public
transportation certifies to the Secretary of
Transportation that the deployment does not duplicate,
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 5316 of title 49, United States Code; and
(B) the Secretary receives, approves, and publishes
the workforce development plan under subsection (b)
submitted by the eligible entity when required by
subsection (b)(1).
(b) Workforce Development Plan.--
(1) In general.--A recipient of financial assistance under
chapter 53 of title 49, United States Code, proposing to deploy
an automated vehicle providing public transportation or
mobility on demand service shall submit to the Secretary, prior
to implementation of such service, a workforce development plan
if such service, combined with any other automated vehicle
providing public transportation or mobility on demand service
offered by such recipient, would exceed by more than 0.5
percent of the recipient's total transit passenger miles
traveled.
(2) Contents.--The workforce development plan under
subsection (a) shall include the following:
(A) A description of services offered by existing
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 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 issuing a
request for proposals to procure or contract for such a
vehicle.
(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.
SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET ASIDES.
Section 5329(d)(2) of title 49, United States Code, is amended to
read as follows:
``(2) Safety committee performance measures.--
``(A) In general.--The safety committee described in
paragraph (4) shall establish performance measures for
the risk reduction program in paragraph (1)(I) using a
3-year rolling average of the data submitted by the
recipient to the National Transit Database.
``(B) Safety set aside.--With respect to a recipient
serving an urbanized area that receives funds under
section 5307, such recipient shall allocate not less
than 0.75 percent of such funds to projects eligible
under 5307.
``(C) Failure to meet performance measures.--Any
recipient that receives funds under section 5307 that
does not meet the performance measures established in
subparagraph (A) shall allocate the amount made
available in subparagraph (B) in the following fiscal
year to projects described in subparagraph (D).
``(D) Eligible projects.--Funds set aside under this
paragraph shall be used for projects that are
reasonably likely to meet the performance measures
established in subparagraph (A), including
modifications to rolling stock and de-escalation
training.''.
SEC. 2605. U.S. EMPLOYMENT PLAN.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5341. U.S. Employment Plan
``(a) Definitions.--In this section:
``(1) Commitment to high-quality career and business
opportunities.--The term `commitment to high-quality career and
business opportunities' means participation in a registered
apprenticeship program.
``(2) Covered infrastructure program.--The term `covered
infrastructure program' means any activity under program or
project under this chapter for the purchase or acquisition of
rolling stock.
``(3) U.S. employment plan.--The term `U.S. Employment Plan'
means a plan under which an entity receiving Federal assistance
for a project under a covered infrastructure program shall--
``(A) include in a request for proposal an
encouragement for bidders to include, with respect to
the project--
``(i) high-quality wage, benefit, and
training commitments by the bidder and the
supply chain of the bidder for the project; and
``(ii) a commitment to recruit and hire
individuals described in subsection (e) if the
project results in the hiring of employees not
currently or previously employed by the bidder
and the supply chain of the bidder for the
project;
``(B) give preference for the award of the contract
to a bidder that includes the commitments described in
clauses (i) and (ii) of subparagraph (A); and
``(C) ensure that each bidder that includes the
commitments described in clauses (i) and (ii) of
subparagraph (A) that is awarded a contract complies
with those commitments.
``(4) Registered apprenticeship program.--The term
`registered apprenticeship program' means an apprenticeship
program registered with the Department of Labor or a Federally-
recognized State Apprenticeship Agency and that complies with
the requirements under parts 29 and 30 of title 29, Code of
Federal Regulations, as in effect on January 1, 2019.
``(b) Best-value Framework.--To the maximum extent practicable, a
recipient of assistance under a covered infrastructure program is
encouraged--
``(1) to ensure that each dollar invested in infrastructure
uses a best-value contracting framework to maximize the local
value of federally funded contracts by evaluating bids on price
and other technical criteria prioritized in the bid, such as--
``(A) equity;
``(B) environmental and climate justice;
``(C) impact on greenhouse gas emissions;
``(D) resilience;
``(E) the results of a 40-year life-cycle analysis;
``(F) safety;
``(G) commitment to creating or sustaining high-
quality job opportunities affiliated with registered
apprenticeship programs (as defined in subsection
(a)(3)) for disadvantaged or underrepresented
individuals in infrastructure industries in the United
States; and
``(H) access to jobs and essential services by all
modes of travel for all users, including disabled
individuals; and
``(2) to ensure community engagement, transparency, and
accountability in carrying out each stage of the project.
``(c) Preference for Registered Apprenticeship Programs.--To the
maximum extent practicable, a recipient of assistance under a covered
infrastructure program, with respect to the project for which the
assistance is received, shall give preference to a bidder that
demonstrates a commitment to high-quality job opportunities affiliated
with registered apprenticeship programs.
``(d) Use of U.S. Employment Plan.--Notwithstanding any other
provision of law, in carrying out a project under a covered
infrastructure program, each entity that receives Federal assistance
shall use a U.S. Employment Plan for each contract of $10,000,000 or
more for the purchase of manufactured goods or of services, based on an
independent cost estimate.
``(e) Priority.--The head of the relevant Federal agency shall ensure
that the entity carrying out a project under the covered infrastructure
program gives priority to--
``(1) individuals with a barrier to employment (as defined in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102)), including ex-offenders and disabled individuals;
``(2) veterans; and
``(3) individuals that represent populations that are
traditionally underrepresented in the infrastructure workforce,
such as women and racial and ethnic minorities.
``(f) Report.--Not less frequently than once each fiscal year, the
heads of the relevant Federal agencies shall jointly submit to Congress
a report describing the implementation of this section.
``(g) Intent of Congress.--
``(1) In general.--It is the intent of Congress--
``(A) to encourage recipients of Federal assistance
under covered infrastructure programs to use a best-
value contracting framework described in subsection (b)
for the purchase of goods and services;
``(B) to encourage recipients of Federal assistance
under covered infrastructure programs to use
preferences for registered apprenticeship programs as
described in subsection (c) when evaluating bids for
projects using that assistance;
``(C) to require that recipients of Federal
assistance under covered infrastructure programs use
the U.S. Employment Plan in carrying out the project
for which the assistance was provided; and
``(D) that full and open competition under covered
infrastructure programs means a procedural competition
that prevents corruption, favoritism, and unfair
treatment by recipient agencies.
``(2) Inclusion.--A best-value contracting framework
described in subsection (b) is a framework that authorizes a
recipient of Federal assistance under a covered infrastructure
program, in awarding contracts, to evaluate a range of factors,
including price, the quality of products, the quality of
services, and commitments to the creation of good jobs for all
people in the United States.
``(h) Award Basis.--
``(1) Priority for targeted hiring or u.s. employment plan
projects.--In awarding grants under this section, the Secretary
shall give priority to eligible entities that--
``(A) ensure that not less than 50 percent of the
workers hired to participate in the job training
program are hired through local hiring in accordance
with subsection (e), including by prioritizing
individuals with a barrier to employment (including ex-
offenders), disabled individuals (meaning an individual
with a disability (as defined in section 3 of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12102)), veterans, and individuals that represent
populations that are traditionally underrepresented in
the infrastructure workforce; or
``(B) ensure the commitments described in clauses (i)
and (ii) of subsection (a)(2)(A) with respect to
carrying out the job training program.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by adding at the end the following:
``5341. U.S. Employment Plan.''.
SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.
(a) In General.--Section 5314(a) of title 49, Unites States Code, is
amended--
(1) in paragraph (2)--
(A) in subparagraph (H) by striking ``and'' at the
end;
(B) by redesignating subparagraph (I) as subparagraph
(J); and
(C) by inserting after subparagraph (H) the
following:
``(I) provide innovation and capacity-building to
rural and tribal public transportation recipients but
that not to duplicate the activities of sections
5311(b) or 5312; and''; and
(2) by adding at the end the following:
``(4) Availability of amounts.--Of the amounts made available
to carry out this section under section 5338(c), $1,500,000
shall be available to carry out activities described in
paragraph (2)(I).''.
(b) Availability of Amounts.-- Section 5314(c)(4)(A) of title 49,
United States Code, is amended by inserting ``5311,'' after ``5307,''.
Subtitle G--Transit-Supportive Communities
SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5327 the following:
``Sec. 5328. Transit-supportive communities
``(a) Establishment.--The Secretary shall establish within the
Federal Transit Administration, an Office of Transit-Supportive
Communities to make grants, provide technical assistance, and assist in
the coordination of transit and housing policies within the Federal
Transit Administration, the Department of Transportation, and across
the Federal Government.
``(b) Transit Oriented Development Planning Grant Program.--
``(1) Definition.--In this subsection the term `eligible
project' means--
``(A) a new fixed guideway capital project or a core
capacity improvement project as defined in section
5309;
``(B) an existing fixed guideway system, or an
existing station that is served by a fixed guideway
system; or
``(C) the immediate corridor along the highest 25
percent of routes by ridership as demonstrated in
section 5336(b)(2)(B).
``(2) General authority.--The Secretary may make grants under
this subsection to a State , local governmental authority, or
metropolitan planning organization to assist in financing
comprehensive planning associated with an eligible project that
seeks to--
``(A) enhance economic development, ridership, and
other goals established during the project development
and engineering processes or the grant application;
``(B) facilitate multimodal connectivity and
accessibility;
``(C) increase access to transit hubs for pedestrian
and bicycle traffic;
``(D) enable mixed-use development;
``(E) identify infrastructure needs associated with
the eligible project; and
``(F) include private sector participation.
``(3) Eligibility.--A State , local governmental authority,
or metropolitan planning organization that desires to
participate in the program under this subsection shall submit
to the Secretary an application that contains at a minimum--
``(A) an identification of an eligible project;
``(B) a schedule and process for the development of a
comprehensive plan;
``(C) a description of how the eligible project and
the proposed comprehensive plan advance the
metropolitan transportation plan of the metropolitan
planning organization;
``(D) proposed performance criteria for the
development and implementation of the comprehensive
plan;
``(E) a description of how the project will reduce
and mitigate social and economic impacts on existing
residents and businesses vulnerable to displacement;
and
``(F) identification of--
``(i) partners;
``(ii) availability of and authority for
funding; and
``(iii) potential State, local or other
impediments to the implementation of the
comprehensive plan.
``(4) Cost share.--A grant under this subsection shall not
exceed an amount in excess of 80 percent of total project
costs, except that a grant that includes an affordable housing
component shall not exceed an amount in excess of 90 percent of
total project costs.
``(c) Technical Assistance.--The Secretary shall provide technical
assistance to States, local governmental authorities, and metropolitan
planning organizations in the planning and development of transit-
oriented development projects and transit supportive corridor policies,
including--
``(1) the siting, planning, financing, and integration of
transit-oriented development projects;
``(2) the integration of transit-oriented development and
transit-supportive corridor policies in the preparation for and
development of an application for funding under section 602 of
title 23;
``(3) the siting, planning, financing, and integration of
transit-oriented development and transit supportive corridor
policies associated with projects under section 5309;
``(4) the development of housing feasibility assessments as
allowed under section 5309(g)(3)(B);
``(5) the development of transit-supportive corridor policies
that promote transit ridership and transit-oriented
development;
``(6) the development, implementation, and management of land
value capture programs; and
``(7) the development of model contracts, model codes, and
best practices for the implementation of transit-oriented
development projects and transit-supportive corridor policies.
``(d) Value Capture Policy Requirements.--
``(1) Value capture policy.--Not later than October 1 of the
fiscal year that begins 2 years after the date of enactment of
this section, the Secretary, in collaboration with State
departments of transportation, metropolitan planning
organizations, and regional council of governments, shall
establish voluntary and consensus-based value capture
standards, policies, and best practices for State and local
value capture mechanisms that promote greater investments in
public transportation and affordable transit-oriented
development.
``(2) Report.--Not later than 15 months after the date of
enactment of this section, the Secretary shall make available
to the public a report cataloging examples of State and local
laws and policies that provide for value capture and value
sharing that promote greater investment in public
transportation and affordable transit-oriented development.
``(d) Equity.--In providing technical assistance under subsection
(c), the Secretary shall incorporate strategies to promote equity for
underrepresented and underserved communities, including--
``(1) preventing displacement of existing residents and
businesses;
``(2) mitigating rent and housing price increases;
``(3) incorporating affordable rental and ownership housing
in transit-oriented development;
``(4) engaging under-served, limited English proficiency, low
income, and minority communities in the planning process;
``(5) fostering economic development opportunities for
existing residents and businesses; and
``(6) targeting affordable housing that help lessen
homelessness.
``(d) Authority to Request Staffing Assistance.--In fulfilling the
duties of this section, the Secretary shall, as needed, request
staffing and technical assistance from other Federal agencies,
programs, administrations, boards, or commissions.
``(e) Review Existing Policies and Programs.--Not later than 24
months after the date of enactment of this section, the Secretary shall
review and evaluate all existing policies and programs within the
Federal Transit Administration that support or promote transit-oriented
development to ensure their coordination and effectiveness relative to
the goals of this section.
``(f) Reporting.--Not later than February 1 of each year beginning
the year after the date of enactment of this section, the Secretary
shall prepare a report detailing the grants and technical assistance
provided under this section, the number of affordable housing units
constructed or planned as a result of projects funded in this section,
and the number of affordable housing units constructed or planned as a
result of a property transfer under section 5334(h)(1). The report
shall be provided to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
``(g) Savings Clause.--Nothing in this section authorizes the
Secretary to provide any financial assistance for the construction of
housing.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by inserting after the item relating to
section 5327 the following:
``5328. Transit-supportive communities.''.
(c) Technical and Conforming Amendment.--Section 20005 of the MAP-21
(Public Law 112-141) is amended--
(1) by striking ``(a) Amendment.--''; and
(2) by striking subsection (b).
SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.
Section 5334(h)(1) of title 49, United States Code, is amended to
read as follows:
``(1) In general.--If a recipient of assistance under this
chapter decides an asset acquired under this chapter at least
in part with that assistance is no longer needed for the
purpose for which such asset was acquired, the Secretary may
authorize the recipient to transfer such asset to--
``(A) a local governmental authority to be used for a
public purpose with no further obligation to the
Government if the Secretary decides--
``(i) the asset will remain in public use for
at least 5 years after the date the asset is
transferred;
``(ii) there is no purpose eligible for
assistance under this chapter for which the
asset should be used;
``(iii) the overall benefit of allowing the
transfer is greater than the interest of the
Government in liquidation and return of the
financial interest of the Government in the
asset, after considering fair market value and
other factors; and
``(iv) through an appropriate screening or
survey process, that there is no interest in
acquiring the asset for Government use if the
asset is a facility or land; or
``(B) a local governmental authority, nonprofit
organization, or other third party entity to be used
for the purpose of transit-oriented development with no
further obligation to the Government if the Secretary
decides--
``(i) the asset is a necessary component of a
proposed transit-oriented development project;
``(ii) the transit-oriented development
project will increase transit ridership;
``(iii) at least 40 percent of the housing
units offered in the transit-oriented
development , including housing units owned by
nongovernmental entities, are legally binding
affordability restricted to tenants with
incomes at or below 60 percent of the area
median income and/or owners with incomes at or
below 60 percent the area median income;
``(iv) the asset will remain in use as
described in this section for at least 30 years
after the date the asset is transferred; and
``(v) with respect to a transfer to a third
party entity--
``(I) a local government authority or
nonprofit organization is unable to
receive the property; and
``(II) the overall benefit of
allowing the transfer is greater than
the interest of the Government in
liquidation and return of the financial
interest of the Government in the
asset, after considering fair market
value and other factors.
``(III) the third party has
demonstrated a satisfactory history of
construction or operating an affordable
housing development.''.
SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, is amended--
(1) in subsection (g)--
(A) in paragraph (2)(B)--
(i) in clause (i) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (ii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) in the case of a new fixed guideway
capital project or a core capacity improvement
project, allow a weighting five points greater
to the economic development subfactor and five
points lesser to the lowest scoring subfactor
if the applicant demonstrates substantial
efforts to preserve or encourage affordable
housing near the project by providing
documentation of policies that allow by-right
multi-family housing, single room occupancy
units, or accessory dwelling units, providing
local capital sources for transit-oriented
development, or demonstrate other methods as
determined by the Secretary.''; and
(B) in paragraph (3), as amended by this Act, by
adding at the end the following:
``(B) establish a warrant that applies to the
economic development project justification criteria,
provided that the applicant that requests a warrant
under this process has completed and submitted a
housing feasibility assessment.''; and
(2) in subsection (l)(4)--
(A) in subparagraph (B) by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (C) by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(D) from grant proceeds distributed under section
103 of the Housing and Community Development Act of
1974 (42 U.S.C. 5303) or section 201 of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3141) provided that--
``(i) such funds are used in conjunction with
the planning or development of affordable
housing; and
``(ii) such affordable housing is located
within one-half of a mile of a new station.''.
Subtitle H--Innovation
SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM.
Section 5312(d) of title 49, United States Code, is amended by adding
at the end the following:
``(3) Mobility innovation sandbox program.--The Secretary may
make funding available under this subsection to carry out
research on mobility on demand and mobility as a service
activities eligible under section 5316.''.
SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDESIGN PROGRAM.
Section 5312(d) of title 49, United States Code, is further amended
by adding at the end the following:
``(4) Transit bus operator compartment redesign program.--
``(A) In general.--The Secretary may make funding
available under this subsection to carry out research
on redesigning transit bus operator compartments to
improve safety, operational efficiency, and passenger
accessibility.
``(B) Objectives.--Research objectives under this
paragraph shall include--
``(i) increasing bus operator safety from
assaults;
``(ii) optimizing operator visibility and
reducing operator distractions to improve
safety of bus passengers, pedestrians,
bicyclists, and other roadway users;
``(iii) expanding passenger accessibility for
positive interactions between operators and
passengers, including assisting passengers in
need of special assistance;
``(iv) accommodating compliance for passenger
boarding, alighting, and securement with the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.); and
``(v) improving ergonomics to reduce bus
operator work-related health issues and
injuries, as well as locate key instrument and
control interfaces to improve operational
efficiency and convenience.
``(C) Activities.--Eligible activities under this
paragraph shall include--
``(i) measures to reduce visibility
impairments and distractions for bus operators
that contribute to accidents, including
retrofits to buses in revenue service and
specifications for future procurements that
reduce visibility impairments and distractions;
``(ii) the deployment of assault mitigation
infrastructure and technology on buses,
including barriers to restrict the unwanted
entry of individuals and objects into bus
operators' workstations;
``(iii) technologies to improve passenger
accessibility, including boarding, alighting,
and securement in compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.);
``(iv) installation of seating and
modification to design specifications of bus
operator workstations that reduce or prevent
injuries from ergonomic risks; or
``(v) other measures that align with the
objectives under subparagraph (B).
``(D) Eligible entities.--Entities eligible to
receive funding under this paragraph shall include
consortia consisting of, at a minimum:
``(i) recipients of funds under this chapter
that provide public transportation services;
``(ii) transit vehicle manufacturers;
``(iii) representatives from organizations
engaged in collective bargaining on behalf of
transit workers in not fewer than 3 States; and
``(iv) any nonprofit institution of higher
education, as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C.
1001).''.
SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY COUNTS INITIATIVE.
Section 5312 of title 49, United States Code, as amended by section
2503, is further amended by adding at the end the following:
``(k) Every Day Counts Initiative.--
``(1) In general.--It is in the national interest for the
Department of Transportation and recipients of Federal public
transportation funds--
``(A) to identify, accelerate, and deploy innovation
aimed at expediting project delivery, enhancing the
safety of transit systems of the United States, and
protecting the environment;
``(B) to ensure that the planning, design,
engineering, construction, and financing of
transportation projects is done in an efficient and
effective manner;
``(C) to promote the rapid deployment of proven
solutions that provide greater accountability for
public investments; and
``(D) to create a culture of innovation within the
transit community.
``(2) FTA every day counts initiative.--To advance the
policies described in paragraph (1), the Administrator of the
Federal Transit Administration shall adopt the Every Day Counts
initiative to work with recipients to identify and deploy the
proven innovation practices and products that--
``(A) accelerate innovation deployment;
``(B) expedite the project delivery process;
``(C) improve environmental sustainability;
``(D) enhance transit safety;
``(E) expand mobility; and
``(F) reduce greenhouse gas emissions.
``(3) Consideration.--In accordance with the Every Day Counts
goals described in paragraphs (1) and (2), the Administrator
shall consider research conducted through the university
transportation centers program in section 5505.
``(4) Innovation deployment.--
``(A) In general.--At least every 2 years, the
Administrator shall work collaboratively with
recipients to identify a new collection of innovations,
best practices, and data to be deployed to recipients
through case studies, webinars, and demonstration
projects.
``(B) Requirements.--In identifying a collection
described in subparagraph (A), the Secretary shall take
into account market readiness, impacts, benefits, and
ease of adoption of the innovation or practice.
``(5) Publication.--Each collection identified under
paragraph (4) shall be published by the Administrator on a
publicly available website.''.
SEC. 2804. TECHNICAL CORRECTIONS.
Section 5312 of title 49, United States Code, as amended in section
2503 and 2803, is further amended--
(1) in subsection (e)--
(A) in paragraph (3)(C) by striking ``low or no
emission vehicles, zero emission vehicles,'' and
inserting ``zero emission vehicles''; and
(B) by striking paragraph (6) and inserting the
following:
``(6) Zero emission vehicle defined.--In this subsection, the
term `zero emission vehicle' means a passenger vehicle used to
provide public transportation that produces no carbon or
particulate matter.'';
(2) by redesignating the first subsection (g) as subsection
(f); and
(3) in subsection (h)--
(A) in the header by striking ``Low or No Emission''
and inserting ``Zero Emission'';
(B) in paragraph (1)--
(i) by striking subparagraph (B) and
inserting the following:
``(B) the term `zero emission vehicle' has the
meaning given such term in subsection (e)(6);''; and
(ii) in subparagraph (D) by striking ``low or
no emission vehicle'' and inserting ``zero
emission vehicle'' each place such term
appears;
(C) in paragraph (2)--
(i) in the heading by striking ``low or no
emission'' and inserting ``zero emission''; and
(ii) by striking ``low or no emission'' and
inserting ``zero emission'' each place such
term appears;
(D) in paragraph (3) by striking ``low or no
emission'' and inserting ``zero emission'' each place
such term appears; and
(E) in paragraph (5)(A) by striking ``low or no
emission'' and inserting ``zero emission''.
SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT BUS DEVELOPMENT
PROGRAM.
(a) Establishment.--The Secretary shall establish a national advanced
technology transit bus development program to facilitate the
development and testing of commercially viable advanced technology
transit buses that do not exceed a Level 3 automated driving system and
related infrastructure.
(b) Authorization.--There shall be available $20,000,000 for each of
fiscal years 2021 through 2025.
(c) Grants.--The Secretary may enter into grants, contracts, and
cooperative agreements with no more than 3 geographically diverse
nonprofit organizations and recipients under chapter 53 of title 49,
United States Code, to facilitate the development and testing of
commercially viable advance technology transit buses and related
infrastructure.
(d) Considerations.--The Secretary shall consider the applicant's--
(1) ability to contribute significantly to furthering
advanced technologies as it relates to transit bus operations,
including advanced driver assistance systems, automatic
emergency braking, accessibility, and energy efficiency;
(2) financing plan and cost share potential;
(3) technical experience developing or testing advanced
technologies in transit buses;
(4) commitment to frontline worker involvement; and
(5) other criteria that the Secretary determines are
necessary to carry out the program.
The Secretary shall not consider applicants working on autonomous
vehicles.
(e) Competitive Grant Selection.--The Secretary shall conduct a
national solicitation for applications for grants under the program.
Grant recipients shall be selected on a competitive basis. The
Secretary shall give priority consideration to applicants that have
successfully managed advanced transportation technology projects,
including projects related to public transportation operations for a
period of not less than 5 years.
(f) Consortia.--As a condition of receiving an award in (c), the
Secretary shall ensure--
(1) that the selected non-profit recipients subsequently
establish a consortia for each proposal submitted, including
representatives from a labor union, transit agency, an FTA-
designated university bus and component testing center, a Buy
America compliant transit bus manufacturer, and others as
determined by the Secretary;
(2) that no proposal selected would decrease workplace or
passenger safety; and
(3) that no proposal selected would undermine the creation of
high-quality jobs or workforce support and development
programs.
(g) Federal Share.--The Federal share of costs of the program shall
be provided from funds made available to carry out this section. The
Federal share of the cost of a project carried out under the program
shall not exceed 80 percent of such cost.
Subtitle I--Other Program Reauthorizations
SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE
PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY.
Section 601 of the Passenger Rail Investment and Improvement Act of
2008 (Public Law 110-432) is amended--
(1) in subsection (b) by striking ``The Federal'' and
inserting ``Except as provided in subsection (f)(2), the
Federal'';
(2) by striking subsections (d) through (f) and inserting the
following:
``(d) Required Board Approval.--No amounts may be provided to the
Transit Authority under this section until the Transit Authority
certifies to the Secretary of Transportation that--
``(1) a board resolution has passed on or before July 1,
2021, and is in effect for the period of July 1, 2022 through
June 30, 2031, that--
``(A) establishes an independent budget authority for
the Office of Inspector General of the Transit
Authority;
``(B) establishes an independent procurement
authority for the Office of Inspector General of the
Transit Authority;
``(C) establishes an independent hiring authority for
the Office of Inspector General of the Transit
Authority;
``(D) ensures the Inspector General of the Transit
Authority can obtain legal advice from a counsel
reporting directly to the Inspector General;
``(E) requires the Inspector General of the Transit
Authority to submit recommendations for corrective
action to the General Manager and the Board of
Directors of the Transit Authority;
``(F) requires the Inspector General of the Transit
Authority to publish any recommendation described in
subparagraph (E) on the website of the Office of
Inspector General of the Transit Authority, except that
the Inspector General may redact personally
identifiable information and information that, in the
determination of the Inspector General, would pose a
security risk to the systems of the Transit Authority;
``(G) requires the Board of Directors of the Transit
Authority to provide written notice to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate not less than 30 days
before the Board of Directors removes the Inspector
General of the Transit Authority, which shall include
the reasons for removal and supporting documentation;
and
``(H) prohibits the Board of Directors from removing
the Inspector General of the Transit Authority unless
the Board of Directors has provided a 30 day written
notification as described in subparagraph (G) that
documents--
``(i) a permanent incapacity;
``(ii) a neglect of duty;
``(iii) malfeasance;
``(iv) a conviction of a felony or conduct
involving moral turpitude;
``(v) a knowing violation of a law or
regulation;
``(vi) gross mismanagement;
``(vii) a gross waste of funds;
``(viii) an abuse of authority; or
``(ix) inefficiency; and
``(2) the Code of Ethics for Members of the WMATA Board of
Directors passed on September 26, 2019, remains in effect, or
the Inspector General of the Transit Authority has concurred
with any modifications to the Code of Ethics by the Board.
``(e) Authorizations.--
``(1) In general.--There are authorized to be appropriated to
the Secretary of Transportation for grants under this section--
``(A) for fiscal year 2021, $150,000,000;
``(B) for fiscal year 2022, $155,000,000;
``(C) for fiscal year 2023, $160,000,000;
``(D) for fiscal year 2024, $165,000,000;
``(E) for fiscal year 2025, $170,000,000;
``(F) for fiscal year 2026, $175,000,000;
``(G) for fiscal year 2027, $180,000,000;
``(H) for fiscal year 2028, $185,000,000;
``(I) for fiscal year 2029, $190,000,000; and
``(J) for fiscal year 2030, $200,000,000.
``(2) Set aside for office of inspector general of transit
authority.--From the amounts in paragraph (1), the Transit
Authority shall provide at least 7 percent for each fiscal year
to the Office of Inspector General of the Transit Authority to
carry out independent and objective audits, investigations, and
reviews of Transit Authority programs and operations to promote
economy, efficiency, and effectiveness, and to prevent and
detect fraud, waste, and abuse in such programs and
operations.''; and
(3) by redesignating subsection (g) as subsection (f).
SEC. 2902. OTHER APPORTIONMENTS.
Section 5336 of title 49, United States Code, is amended--
(1) in subsection (h)--
(A) in the matter preceding paragraph (1) by striking
``section 5336(a)(2)(C)'' and inserting ``section
5336(a)(2)(B)'';
(B) by amending paragraph (1) to read as follows:
``(1) to carry out section 5307(h)--
``(A) $60,906,000 shall be set aside in fiscal year
2022;
``(B) $61,856,134 shall be set aside in fiscal year
2023;
``(C) $62,845,832 shall be set aside in fiscal year
2024; and
``(D) $63,832,511 shall be set aside in fiscal year
2025;'';
(C) in paragraph (2) by striking ``3.07 percent'' and
inserting ``6 percent''; and
(D) by amending paragraph (3) to read as follows:
``(3) of amounts not apportioned under paragraphs (1) and
(2), 3 percent shall be apportioned to urbanized areas with
populations of less than 200,000 in accordance with subsection
(i);''; and
(2) in subsection (i) by adding at the end the following:
``(3) Census phase-out.--Before apportioning funds under
subsection (h)(3), for any urbanized area that is no longer an
eligible area due to a change in population in the most recent
decennial census, the Secretary shall apportion to such
urbanized area, for 3 fiscal years, an amount equal to half of
the funds apportioned to such urbanized area pursuant to this
subsection for the previous fiscal year.''.
Subtitle J--Streamlining
SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, as amended by section
2703 of this Act, is further amended--
(1) in subsection (a)--
(A) by striking paragraph (6);
(B) by redesignating paragraph (7) as paragraph (6);
and
(C) in paragraph (6), as so redesignated;
(i) in subparagraph (A) by striking
``$100,000,000'' and inserting
``$320,000,000''; and
(ii) in subparagraph (B) by striking
``$300,000,000'' and inserting
``$400,000,000'';
(2) in subsection (b)(2) by inserting ``expanding station
capacity,'' after ``construction of infill stations,'';
(3) in subsection (d)(1)--
(A) in subparagraph (C)(i) by striking ``2 years''
and inserting ``3 years''; and
(B) by adding at the end the following:
``(D) Optional project development activities.--An
applicant may perform cost and schedule risk
assessments with technical assistance provided by the
Secretary.
``(E) Statutory construction.--Nothing in this
section shall be construed as authorizing the Secretary
to require cost and schedule risk assessments in the
project development phase.'';
(4) in subsection (e)(1)--
(A) in subparagraph (C)(i) by striking ``2 years''
and inserting ``3 years''; and
(B) by adding at the end the following:
``(D) Optional project development activities.--An
applicant may perform cost and schedule risk
assessments with technical assistance provided by the
Secretary.
``(E) Statutory construction.--Nothing in this
section shall be construed as authorizing the Secretary
to require cost and schedule risk assessments in the
project development phase.'';
(5) in subsection (e)(2)(A)(iii)(II) by striking ``5 years''
and inserting ``10 years'';
(6) in subsection (f)--
(A) in paragraph (1) by striking ``subsection
(d)(2)(A)(v)'' and inserting ``subsection
(d)(2)(A)(iv)'';
(B) in paragraph (2)--
(i) by striking ``subsection (d)(2)(A)(v)''
and inserting ``subsection (d)(2)(A)(iv)'';
(ii) in subparagraph (D) by adding ``and'' at
the end;
(iii) by striking subparagraph (E); and
(iv) by redesignating subparagraph (F) as
subparagraph (E); and
(C) by adding at the end the following:
``(3) Cost-share incentives.--For a project for which a lower
CIG cost share is elected by the applicant under subsection
(l)(1)(C), the Secretary shall apply the following requirements
and considerations in lieu of paragraphs (1) and (2):
``(A) Requirements.--In determining whether a project
is supported by local financial commitment and shows
evidence of stable and dependable financing sources for
purposes of subsection (d)(2)(A)(iv) or (e)(2)(A)(v),
the Secretary shall require that--
``(i) the proposed project plan provides for
the availability of contingency amounts that
the applicant determines to be reasonable to
cover unanticipated cost increases or funding
shortfalls;
``(ii) each proposed local source of capital
and operating financing is stable, reliable,
and available within the proposed project
timetable; and
``(iii) an applicant certifies that local
resources are available to recapitalize,
maintain, and operate the overall existing and
proposed public transportation system,
including essential feeder bus and other
services necessary to achieve the projected
ridership levels without requiring a reduction
in existing public transportation services or
level of service to operate the project.
``(B) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of
local financing for purposes of subsection
(d)(2)(A)(iv) or (e)(2)(A)(v), the Secretary shall
consider--
``(i) the reliability of the forecasting
methods used to estimate costs and revenues
made by the recipient and the contractors to
the recipient;
``(ii) existing grant commitments;
``(iii) any debt obligation that exists, or
is proposed by the recipient, for the proposed
project or other public transportation purpose;
and
``(iv) private contributions to the project,
including cost-effective project delivery,
management or transfer of project risks,
expedited project schedule, financial
partnering, and other public-private
partnership strategies.
(7) in subsection (g)--
(A) in paragraph (2)(A) by striking ``degree of local
financial commitment'' and inserting ``criteria in
subsection (f)'' each place it appears;
(B) in paragraph (3) by striking ``The Secretary
shall'' and all that follows through the end and
inserting the following: ``The Secretary shall--
``(A) to the maximum extent practicable, develop and
use special warrants for making a project justification
determination under subsection (d)(2) or (e)(2), as
applicable, for a project proposed to be funded using a
grant under this section if--
``(i) the share of the cost of the project to
be provided under this section--
``(I) does not exceed $500,000,000
and the total project cost does not
exceed $1,000,000,000; or
``(II) complies with subsection
(l)(1)(C);
``(ii) the applicant requests the use of the
warrants;
``(iii) the applicant certifies that its
existing public transportation system is in a
state of good repair; and
``(iv) the applicant meets any other
requirements that the Secretary considers
appropriate to carry out this subsection;
and'';
(C) by striking paragraph (5) and inserting the
following:
``(5) Policy guidance.--The Secretary shall issue policy
guidance on the review and evaluation process and criteria not
later than 180 days after the date of enactment of the INVEST
in America Act.'';
(D) by striking paragraph (6) and inserting the
following:
``(6) Transparency.--Not later than 30 days after the
Secretary receives a written request from an applicant for all
remaining information necessary to obtain 1 or more of the
following, the Secretary shall provide such information to the
applicant:
``(A) Project advancement.
``(B) Medium or higher rating.
``(C) Warrant.
``(D) Letter of intent.
``(E) Early systems work agreement.''; and
(E) in paragraph (7) by striking ``the Federal Public
Transportation Act of 2012'' and inserting ``the INVEST
in America Act'';
(8) in subsection (h)--
(A) in paragraph (5) by inserting ``, except that for
a project for which a lower local cost share is elected
under subsection (l)(1)(C), the Secretary shall enter
into a grant agreement under this subsection for any
such project that establishes contingency amounts that
the applicant determines to be reasonable to cover
unanticipated cost increases or funding shortfalls''
before the period at the end; and
(B) in paragraph (7)(C) by striking ``10 days'' and
inserting ``3 days'';
(9) by striking subsection (i) and inserting the following:
``(i) Interrelated Projects.--
``(1) Ratings improvement.--The Secretary shall grant a
rating increase of 1 level in mobility improvements to any
project being rated under subsection (d), (e), or (h), if the
Secretary certifies that the project has a qualifying
interrelated project that meets the requirements of paragraph
(2).
``(2) Interrelated project.--A qualifying interrelated
project is a transit project that--
``(A) is adopted into the metropolitan transportation
plan required under section 5303;
``(B) has received a class of action designation
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(C) will likely increase ridership on the project
being rated in subsection (d), (e), or (h),
respectively, as determined by the Secretary; and
``(D) meets 1 of the following criteria:
``(i) Extends the corridor of the project
being rated in subsection (d), (e), or (h),
respectively.
``(ii) Provides a direct passenger transfer
to the project being rated in subsection (d),
(e), or (h), respectively.'';
(10) in subsection (k)--
(A) in paragraph (2)(D) by adding at the end the
following:
``(v) Local funding commitment.-- For a
project for which a lower CIG cost share is
elected by the applicant under subsection
(l)(1)(C), the Secretary shall enter into a
full funding grant agreement that has at least
75 percent of local financial commitment
committed and the remaining percentage budgeted
for the proposed purposes.''; and
(B) in paragraph (5) by striking ``30 days'' and
inserting ``3 days'';
(11) in subsection (l)--
(A) in paragraph (1) by striking subparagraph (B) and
inserting the following:
``(B) Cap.--Except as provided in subparagraph (C), a
grant for a project under this section shall not exceed
80 percent of the net capital project cost, except that
a grant for a core capacity improvement project shall
not exceed 80 percent of the net capital project cost
of the incremental cost to increase the capacity in the
corridor.
``(C) Applicant election of lower local cig cost
share.--An applicant may elect a lower local CIG cost
share for a project under this section for purposes of
application of the cost-share incentives under
subsection (f)(3). Such cost share shall not exceed 60
percent of the net capital project cost, except that
for a grant for a core capacity improvement project
such cost share shall not exceed 60 percent of the net
capital project cost of the incremental cost to
increase the capacity in the corridor.'';
(B) by striking paragraph (5) and inserting the
following:
``(5) Limitation on statutory construction.--Nothing in this
section shall be construed as authorizing the Secretary to
require, incentivize (in any manner not specified in this
section), or place additional conditions upon a non-Federal
financial commitment for a project that is more than 20 percent
of the net capital project cost or, for a core capacity
improvement project, 20 percent of the net capital project cost
of the incremental cost to increase the capacity in the
corridor.''; and
(C) by striking paragraph (8) and inserting the
following:
``(8) Contingency share.--The Secretary shall provide funding
for the contingency amount equal to the proportion of the CIG
cost share. If the Secretary increases the contingency amount
after a project has received a letter of no prejudice or been
allocated appropriated funds, the federal share of the
additional contingency amount shall be 25 percent higher than
the original proportion the CIG cost share and in addition to
the grant amount set in subsection (k)(2)(C)(ii).'';
(12) in subsection (o) by adding at the end the following:
``(4) CIG program dashboard.--Not later than the fifth day of
each month, the Secretary shall make publicly available on a
website data on, including the status of, each project under
this section that is in the project development phase, in the
engineering phase, or has received a grant agreement and
remains under construction. Such data shall include, for each
project--
``(A) the amount and fiscal year of any funding
appropriated, allocated, or obligated for the project;
``(B) the date on which the project--
``(i) entered the project development phase;
``(ii) entered the engineering phase, if
applicable; and
``(iii) received a grant agreement, if
applicable; and
``(C) the status of review by the Federal Transit
Administration and the Secretary, including dates of
request, dates of acceptance of request, and dates of a
decision for each of the following, if applicable:
``(i) A letter of no prejudice.
``(ii) An environmental impact statement
notice of intent.
``(iii) A finding of no significant
environmental impact.
``(iv) A draft environmental impact
statement.
``(v) A final environmental impact statement.
``(vi) A record of decision on the final
environmental impact statement; and
``(vii) The status of the applicant in
securing the non-Federal match, based on
information provided by the applicant,
including the amount committed, budgeted,
planned, and undetermined.
(13) by striking ``an acceptable degree of'' and inserting
``a'' each place it appears; and
(14) by adding at the end the following:
``(r) Publication .--
``(1) Publication.--The Secretary shall publish a record of
decision on all projects in the New Starts tranche of the
program within 2 years of receiving a project's draft
environmental impact statement or update or change to such
statement.
``(2) Failure to issue record of decision.--For each calendar
month beginning on or after the date that is 12 months after
the date of enactment of the INVEST in America Act in which the
Secretary has not published a record of decision for the final
environmental impact statement on projects in the New Starts
tranche for at least 1 year, the Secretary shall reduce the
full-time equivalent employees within the immediate office of
the Secretary by 1.''.
SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT DEADLINE.
Section 5336(d) of title 49, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) notwithstanding paragraph (1), apportion amounts to the
States appropriated under section 5338(a)(2) to carry out
sections 5307, 5310, and 5311 not later than December 15 for
which any amounts are appropriated; and''.
SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE.
Section 5334 of title 49, United States Code, is further amended by
adding at the end the following:
``(l) Disposition of Assets Beyond Useful Life.--
``(1) In general.--If a recipient, or subrecipient, for
assistance under this chapter disposes of an asset with a
current market value, or proceed from the sale of such asset,
acquired under this chapter at least in part with such
assistance, after such asset has reached the useful life of
such asset, the Secretary shall allow the recipient, or
subrecipient, to use the proceeds attributable to the Federal
share of such asset calculated under paragraph (3) for capital
projects under section 5307, 5310, or 5311.
``(2) Minimum value.--This subsection shall only apply to
assets with a current market value, or proceeds from sale, of
at least $5,000.
``(3) Calculation of federal share attributable.--The
proceeds attributable to the Federal share of an asset
described in paragraph (1) shall be calculated by multiplying--
``(A) the current market value of, or the proceeds
from the disposition of, such asset; by
``(B) the Federal share percentage for the
acquisition of such asset at the time of acquisition of
such asset.''.
SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBILITY.
Section 5310 of title 49, United States Code, as amended by section
2205, is further amended by adding at the end the following:
``(k) Innovative Coordinated Access and Mobility.--
``(1) Start up grants.--
``(A) In general.--The Secretary may make grants
under this paragraph to eligible recipients to assist
in financing innovative projects for the transportation
disadvantaged that improve the coordination of
transportation services and non-emergency medical
transportation services.
``(B) Application.--An eligible recipient shall
submit to the Secretary an application that, at a
minimum, contains--
``(i) a detailed description of the eligible
project;
``(ii) an identification of all eligible
project partners and the specific role of each
eligible project partner in the eligible
project, including--
``(I) private entities engaged in the
coordination of nonemergency medical
transportation services for the
transportation disadvantaged;
``(II) nonprofit entities engaged in
the coordination of nonemergency
medical transportation services for the
transportation disadvantaged; or
``(III) Federal 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 will use to quantify actual outcomes against
expected outcomes, including--
``(i) reduced transportation expenditures as
a result of improved coordination; and
``(ii) reduced healthcare expenditures as a
result of improved coordination.
``(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 integrate
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.
``(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 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 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) reducing readmissions of patients
into hospitals; and
``(iv) other measureable healthcare metrics,
as determined appropriate by the Secretary.
``(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.
``(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.
``(4) Federal share.--
``(A) In general.--The Federal share of the costs of
a project carried out under this subsection shall not
exceed 80 percent.
``(B) Non-federal share.--The non-Federal share of
the costs of a project carried out under this
subsection may be derived from in-kind contributions.
``(5) Rule of construction.--For purposes of this subsection,
nonemergency medical transportation services shall be limited
to services eligible under Federal programs other than programs
authorized under this chapter.''.
SEC. 2915. PASSENGER FERRY GRANTS.
Section 5307(h) of title 49, United States Code, is amended by adding
at the end the following paragraph:
``(4) Zero-emission or reduced-emission grants.--
``(A) Definitions.--In this paragraph--
``(i) the term `eligible project' means a
project or program of projects in an area
eligible for a grant under subsection (a) for--
``(I) acquiring zero- or reduced-
emission passenger ferries;
``(II) leasing zero- or reduced-
emission passenger ferries;
``(III) constructing facilities and
related equipment for zero- or reduced-
emission passenger ferries;
``(IV) leasing facilities and related
equipment for zero- or reduced-emission
passenger ferries;
``(V) constructing new public
transportation facilities to
accommodate zero- or reduced-emission
passenger ferries;
``(VI) constructing shoreside ferry
charging infrastructure for zero- or
reduced-emission passenger ferries; or
``(VII) rehabilitating or improving
existing public transportation
facilities to accommodate zero- or
reduced-emission passenger ferries;
``(ii) the term `zero- or reduced-emission
passenger ferry' means a passenger ferry used
to provide public transportation that reduces
emissions by utilizing onboard energy storage
systems for hybrid-electric or 100 percent
electric propulsion, related charging
infrastructure, and other technologies deployed
to reduce emissions or produce zero onboard
emissions under normal operation; and
``(iii) the term `recipient' means a
designated recipient, a local government
authority, or a State that receives a grant
under subsection (a).
``(B) General authority.--The Secretary may make
grants to recipients to finance eligible projects under
this paragraph.
``(C) Grant requirements.--A grant under this
paragraph shall be subject to the same terms and
conditions as a grant under subsection (a).
``(D) Competitive process.--The Secretary shall
solicit grant applications and make grants for eligible
projects under this paragraph on a competitive basis.
``(E) Government share of costs.--
``(i) In general.--The Federal share of the
cost of an eligible project carried out under
this paragraph shall not exceed 80 percent.
``(ii) Non-federal share.--The non-Federal
share of the cost of an eligible project
carried out under this subsection may be
derived from in-kind contributions.''.
SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL INVESTMENT.
Section 5309(h)(4) of title 49, United States Code, is amended by
inserting ``, the extent to which the project improves transportation
options to economically distressed areas,'' after ``public
transportation''.
TITLE III--HIGHWAY TRAFFIC SAFETY
SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit Account):
(1) Highway safety programs.--For carrying out section 402 of
title 23, United States Code--
(A) $378,400,000 for fiscal year 2022;
(B) $382,400,000 for fiscal year 2023;
(C) $386,500,000 for fiscal year 2024; and
(D) $390,400,000 for fiscal year 2025.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $182,495,000 for fiscal year 2022;
(B) $184,795,000 for fiscal year 2023;
(C) $187,795,000 for fiscal year 2024; and
(D) $190,695,000 for fiscal year 2025.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $384,119,000 for fiscal year 2022;
(B) $393,205,000 for fiscal year 2023;
(C) $402,205,000 for fiscal year 2024; and
(D) $411,388,000 for fiscal year 2025.
(4) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of title
49, United States Code--
(A) $5,700,000 for fiscal year 2022;
(B) $5,800,000 for fiscal year 2023;
(C) $5,900,000 for fiscal year 2024; and
(D) $6,000,000 for fiscal year 2025.
(5) High-visibility enforcement program.--For carrying out
section 404 of title 23, United States Code--
(A) $60,200,000 for fiscal year 2022;
(B) $60,600,000 for fiscal year 2023;
(C) $60,800,000 for fiscal year 2024; and
(D) $61,200,000 for fiscal year 2025.
(6) Administrative expenses.--For administrative and related
operating expenses of the National Highway Traffic Safety
Administration in carrying out chapter 4 of title 23, United
States Code--
(A) $30,586,000 for fiscal year 2022;
(B) $31,000,000 for fiscal year 2023;
(C) $31,500,000 for fiscal year 2024; and
(D) $31,917,000 for fiscal year 2025.
(b) Prohibition on Other Uses.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and chapter 303 of title 49,
United States Code, the amounts made available from the Highway Trust
Fund (other than the Mass Transit Account) for a program under such
chapters--
(1) shall only be used to carry out such program; and
(2) may not be used by States or local governments for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and chapter 303 of title 49,
United States Code, amounts made available under subsection (a) for
fiscal years 2022 through 2025 shall be available for obligation in the
same manner as if such funds were apportioned under chapter 1 of title
23, United States Code.
(d) Regulatory Authority.--Grants awarded under chapter 4 of title
23, United States Code, including any amendments made by this title,
shall be carried out in accordance with regulations issued by the
Secretary of Transportation.
(e) State Matching Requirements.--If a grant awarded under chapter 4
of title 23, United States Code, requires a State to share in the cost,
the aggregate of all expenditures for highway safety activities made
during a fiscal year by the State and its political subdivisions
(exclusive of Federal funds) for carrying out the grant (other than
planning and administration) shall be available for the purpose of
crediting the State during such fiscal year for the non-Federal share
of the cost of any other project carried out under chapter 4 of title
23, United States Code (other than planning or administration), without
regard to whether such expenditures were made in connection with such
project.
(f) Grant Application and Deadline.--To receive a grant under chapter
4 of title 23, United States Code, a State shall submit an application,
and the Secretary of Transportation shall establish a single deadline
for such applications to enable the award of grants early in the next
fiscal year.
SEC. 3002. HIGHWAY SAFETY PROGRAMS.
Section 402 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A)--
(i) in clause (ii) by striking ``occupant
protection devices (including the use of safety
belts and child restraint systems)'' and
inserting ``seatbelts'';
(ii) in clause (vii) by striking ``; and''
and inserting a semicolon; and
(iii) by inserting after clause (viii) the
following:
``(ix) to encourage more widespread and
proper use of child safety seats (including
booster seats) with an emphasis on underserved
populations;
``(x) to reduce injuries and deaths resulting
from drivers of motor vehicles not moving to
another traffic lane or reducing the speed of
such driver's vehicle when law enforcement,
fire service, emergency medical services, and
other emergency vehicles are stopped or parked
on or next to a roadway with emergency lights
activated; and
``(xi) to increase driver awareness of the
dangers of pediatric vehicular hyperthermia;'';
and
(B) by adding at the end the following:
``(3) Additional considerations.--States which have legalized
medicinal or recreational marijuana shall consider programs in
addition to the programs described in paragraph (2)(A) to
educate drivers on the risks associated with marijuana-impaired
driving and to reduce injuries and deaths resulting from
individuals driving motor vehicles while impaired by
marijuana.'';
(2) in subsection (c)(4)--
(A) by striking subparagraph (C);
(B) by redesignating subparagraph (B) as subparagraph
(D); and
(C) by inserting after subparagraph (A) the
following:
``(B) Special rule for school and work zones.--
Notwithstanding subparagraph (A), a State may expend
funds apportioned to that State under this section to
carry out a program to purchase, operate, or maintain
an automated traffic system in a work zone or school
zone.
``(C) Automated traffic enforcement system
guidelines.--Any automated traffic enforcement system
installed pursuant to subparagraph (B) shall comply
with speed enforcement camera systems and red light
camera systems guidelines established by the
Secretary.''; and
(3) in subsection (n)--
(A) by striking ``Public Transparency'' and all that
follows through ``The Secretary'' and inserting the
following: ``Public Transparency.--
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) State highway safety plan website.--
``(A) In general.--In carrying out the requirements
of paragraph (1), the Secretary shall establish a
public website that is easily accessible, navigable,
and searchable for the information required under
paragraph (1), in order to foster greater transparency
in approved State highway safety programs.
``(B) Contents.--The website established under
subparagraph (A) shall--
``(i) include each State highway safety plan
and annual report submitted and approved by the
Secretary under subsection (k);
``(ii) provide a means for the public to
search such website for State highway safety
program content required in subsection (k),
including--
``(I) performance measures required
by the Secretary under paragraph
(3)(A);
``(II) progress made toward meeting
the State's performance targets for the
previous year;
``(III) program areas and
expenditures; and
``(IV) a description of any sources
of funds other than funds provided
under this section that the State
proposes to use to carry out the State
highway safety plan of such State.''.
SEC. 3003. TRAFFIC SAFETY ENFORCEMENT GRANTS.
Section 402 of title 23, United States Code, as amended by section
3002 of this Act, is further amended by inserting after subsection (k)
the following:
``(l) Traffic Safety Enforcement Grants.--
``(1) General authority.--Subject to the requirements under
this subsection, the Secretary shall award grants to States for
the purpose of carrying out top-rated traffic safety
enforcement countermeasures to reduce traffic-related injuries
and fatalities.
``(2) Effective countermeasure defined.--In this subsection,
the term `effective countermeasure' means a countermeasure
rated 3, 4, or 5 stars in the most recent edition of the
National Highway Traffic Safety Administration's
Countermeasures That Work highway safety guide.
``(3) Funding.--Notwithstanding the apportionment formula set
forth in section 402(c)(2), the Secretary shall set aside
$35,000,000 of the funds made available under this section for
each fiscal year to be allocated among up to 10 States.
``(4) Selection criteria.--The Secretary shall select up to
10 applicants based on the following criteria:
``(A) A preference for applicants who are
geographically diverse.
``(B) A preference for applicants with a higher
average number of traffic fatalities per vehicle mile
traveled.
``(C) A preference for applicants whose activities
under subparagraphs (A) and (B) of paragraph (6) are
expected to have the greatest impact on reducing
traffic-related fatalities and injuries, as determined
by the Secretary.
``(5) Eligibility.--A State may receive a grant under this
subsection in a fiscal year if the State demonstrates, to the
satisfaction of the Secretary, that the State is able to meet
the requirements in paragraph (6).
``(6) Requirements.--In order to receive funds, a State must
establish an agreement with the Secretary to--
``(A) identify areas with the highest risk of traffic
fatalities and injuries;
``(B) determine the most effective countermeasures to
implement in those areas, with priority given to
countermeasures rated above 3 stars; and
``(C) report annual data under uniform reporting
requirements established by the Secretary, including--
``(i) traffic citations, arrests, and other
interventions made by law enforcement,
including such interventions that did not
result in arrest or citation;
``(ii) the increase in traffic safety
enforcement activity supported by these funds;
and
``(iii) any other metrics the Secretary
determines appropriate to determine the success
of the grant.
``(7) Use of funds.--
``(A) In general.--Grant funds received by a State
under this subsection may be used for--
``(i) implementing effective countermeasures
determined under paragraph (6); and
``(ii) law enforcement-related expenses, such
as officer training, overtime, technology, and
equipment, if the Secretary determines
effective countermeasures have been implemented
successfully and the Secretary provides
approval.
``(B) Broadcast and print media.--Up to 5 percent of
grant funds received by a State under this subsection
may be used for the development, production, and use of
broadcast and print media advertising in carrying out
traffic safety law enforcement efforts under this
subsection.
``(8) Allocation.--Grant funds allocated to a State under
this subsection for a fiscal year shall be in proportion to the
State's apportionment under subsection (c)(2) for the fiscal
year.
``(9) Maintenance of effort.--No grant may be made to a State
in any fiscal year under this subsection unless the State
enters into such an agreement with the Secretary, as the
Secretary may require, to ensure that the State will maintain
its aggregate expenditures from all State and local sources for
activities carried out in accordance with this subsection at or
above the average level of expenditures in the 2 fiscal years
preceding the date of enactment of this subsection.
``(10) Annual evaluation and report to congress.--The
Secretary shall conduct an annual evaluation of the
effectiveness of grants awarded under this subsection and shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate an annual report on
the effectiveness of the grants.''.
SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended--
(1) in subsection (b) by inserting ``, training,'' after
``demonstration projects'';
(2) in subsection (f)(1)--
(A) by striking ``$2,500,000'' and inserting
``$3,500,000''; and
(B) by striking ``subsection 402(c) in each fiscal
year ending before October 1, 2015, and $443,989 of the
total amount available for apportionment to the States
for highway safety programs under section 402(c) in the
period beginning on October 1, 2015, and ending on
December 4, 2015,'' and inserting ``section 402(c)(2)
in each fiscal year''; and
(3) by striking subsection (h) and redesignating subsections
(i) and (j) as subsections (h) and (i), respectively.
SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.
Section 403 of title 23, United States Code, as amended by section
3004 of this Act, is further amended by adding at the end the
following:
``(j) Grant Program to Prohibit Racial Profiling.--
``(1) General authority.--Subject to the requirements of this
subsection, the Secretary shall make grants to a State that--
``(A) is maintaining and allows public inspection of
statistical information for each motor vehicle stop
made by a law enforcement officer on a Federal-aid
highway in the State regarding the race and ethnicity
of the driver; or
``(B) provides assurances satisfactory to the
Secretary that the State is undertaking activities to
comply with the requirements of subparagraph (A).
``(2) Use of grant funds.--A grant received by a State under
paragraph (1) shall be used by the State for the costs of--
``(A) collecting and maintaining data on traffic
stops; and
``(B) evaluating the results of such data.
``(3) Limitations.--
``(A) Maximum amount of grants.--The total amount of
grants made to a State under this section in a fiscal
year may not exceed 5 percent of the amount made
available to carry out this section in the fiscal year.
``(B) Eligibility.--On or after October 1, 2022, a
State may not receive a grant under paragraph (1)(B) in
more than 2 fiscal years.
``(4) Funding.--
``(A) In general.--From funds made available under
this section, the Secretary shall set aside $7,500,000
for each fiscal year to carry out this subsection.
``(B) Other uses.--The Secretary may reallocate,
before the last day of any fiscal year, amounts
remaining available under subparagraph (A) to increase
the amounts made available to carry out any other
activities authorized under this section in order to
ensure, to the maximum extent possible, that all such
amounts are obligated during such fiscal year.''.
SEC. 3006. HIGH-VISIBILITY ENFORCEMENT PROGRAM.
Section 404 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``3 campaigns will be
carried out in each of fiscal years 2016 through 2020'' and
inserting ``6 campaigns will be carried out in each of fiscal
years 2022 through 2025'';
(2) in subsection (b)--
(A) in paragraph (1) by striking ``or drug-
impaired'';
(B) in paragraph (2) by striking ``Increase use of
seatbelts'' and inserting ``Increase proper use of
seatbelts and child restraints'';
(C) by redesignating paragraph (2) as paragraph (3);
(D) by inserting after paragraph (1) the following:
``(2) Reduce drug-impaired operation of motor vehicles.'';
and
(E) by adding at the end the following:
``(4) Reduce texting through a personal wireless
communications device by drivers while operating a motor
vehicle.
``(5) Reduce violations of move over laws of a State that
require motorists to change lanes or slow down when law
enforcement, fire service, emergency medical services and other
emergency vehicles are stopped or parked on or next to a
roadway with emergency lights activated.'';
(3) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively;
(4) by inserting after subsection (d) the following:
``(e) Frequency.--Each campaign administered under this section shall
occur not less than once in each of fiscal years 2022 through 2025 with
the exception of campaigns to reduce alcohol-impaired operation of
motor vehicles which shall occur not less than twice in each of fiscal
years 2022 through 2025.
``(f) Coordination of Dynamic Highway Message Signs.--During the time
a State is carrying out a campaign, the Secretary shall coordinate with
States carrying out the campaigns under this section on the use of
dynamic highway message signs to support national high-visibility
advertising and education efforts associated with the campaigns.''; and
(5) in subsection (g), as so redesignated--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following:
``(2) Dynamic highway message sign.--The term `dynamic
highway message sign' means a traffic control device that is
capable of displaying one or more alternative messages which
convey information to occupants of motor vehicles.''; and
(C) by adding at the end the following:
``(4) Texting.--The term `texting' has the meaning given such
term in section 405(e).''.
SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) In General.--Section 405 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``13 percent'' and
inserting ``12.85 percent'';
(B) in paragraph (2) by striking ``14.5 percent'' and
inserting ``14.3 percent'';
(C) in paragraph (3) by striking ``52.5 percent'' and
inserting ``51.75 percent'';
(D) in paragraph (4) by striking ``8.5 percent'' and
inserting ``8.3 percent'';
(E) in paragraph (6) by striking ``5 percent'' and
inserting ``4.9 percent'';
(F) in paragraph (7) by striking ``5 percent'' and
inserting ``4.9 percent'';
(G) in paragraph (8)--
(i) by striking ``paragraphs (1) through
(7)'' and inserting ``paragraphs (1) through
(8)'';
(ii) by striking ``subsection (b) through
(h)'' and inserting ``subsections (b) through
(i)''; and
(iii) by inserting ``to carry out any of the
other activities described in such subsections,
or the amount made available'' before ``under
section 402(c)(2)'';
(H) in paragraph (9)(A) by striking ``date of
enactment of the FAST Act'' and inserting ``date of
enactment of the INVEST in America Act'';
(I) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10), respectively; and
(J) by inserting after paragraph (7) the following:
``(8) Driver and officer safety education.--In each fiscal
year, 1.5 percent of the funds provided under this section
shall be allocated among States that meet the requirements with
respect to driver and officer safety education (as described in
subsection (i)).'';
(2) in subsection (c)(3)(E) by striking ``5'' and inserting
``10'';
(3) in subsection (b)(4)--
(A) in subparagraph (A) by striking clause (v) and
inserting the following:
``(v) implement programs in low-income and
underserved populations to--
``(I) recruit and train occupant
protection safety professionals,
nationally certified child passenger
safety technicians, police officers,
fire and emergency medical personnel,
and educators serving low-income and
underserved populations;
``(II) educate parents and caregivers
in low-income and underserved
populations about the proper use and
installation of child safety seats; and
``(III) purchase and distribute child
safety seats to low-income and
underserved populations; and''; and
(B) in subparagraph (B)--
(i) by striking ``100 percent'' and inserting
``90 percent''; and
(ii) by adding at the end the following:
``The remaining 10 percent of such funds shall
be used to carry out subsection (A)(v).'';
(4) by striking subsection (c)(4) and inserting the
following:
``(4) Use of grant amounts.--Grant funds received by a State
under this subsection shall be used for--
``(A) making data program improvements to core
highway safety databases related to quantifiable,
measurable progress in any of the 6 significant data
program attributes set forth in paragraph (3)(D);
``(B) developing or acquiring programs to identify,
collect, and report data to State and local government
agencies, and enter data, including crash, citation and
adjudication, driver, emergency medical services or
injury surveillance system, roadway, and vehicle, into
the core highway safety databases of a State;
``(C) purchasing equipment to improve processes by
which data is identified, collected, and reported to
State and local government agencies;
``(D) linking core highway safety databases of a
State with such databases of other States or with other
data systems within the State, including systems that
contain medical, roadway, and economic data;
``(E) improving the compatibility and
interoperability of the core highway safety databases
of the State with national data systems and data
systems of other States;
``(F) enhancing the ability of a State and the
Secretary to observe and analyze local, State, and
national trends in crash occurrences, rates, outcomes,
and circumstances;
``(G) supporting traffic records-related training and
related expenditures for law enforcement, emergency
medical, judicial, prosecutorial, and traffic records
professionals;
``(H) hiring traffic records professionals, including
a Fatality Analysis Reporting System liaison for a
State; and
``(I) conducting research on State traffic safety
information systems, including developing and
evaluating programs to improve core highway safety
databases of such State and processes by which data is
identified, collected, reported to State and local
government agencies, and entered into such core safety
databases.'';
(5) by striking subsection (d)(6)(A) and inserting the
following:
``(A) Grants to states with alcohol-ignition
interlock laws.--The Secretary shall make a separate
grant under this subsection to each State that--
``(i) adopts and is enforcing a mandatory
alcohol-ignition interlock law for all
individuals arrested or convicted of driving
under the influence of alcohol or of driving
while intoxicated;
``(ii) does not allow any individual arrested
or convicted of driving under the influence of
alcohol or driving while intoxicated to drive a
motor vehicle unless such individual installs
an ignition interlock for a minimum 6-month
interlock period; or
``(iii) has--
``(I) enacted and is enforcing a
state law requiring all individuals
convicted of, or whose driving
privilege is revoked or denied for,
refusing to submit to a chemical or
other test for the purpose of
determining the presence or
concentration of any intoxicating
substance to install an ignition
interlock for a minimum 6-month
interlock period; and
``(II) a compliance-based removal
program in which an individual arrested
or convicted of driving under the
influence of alcohol or driving while
intoxicated shall install an ignition
interlock for a minimum 6-month
interlock period and have completed a
minimum consecutive period of not less
than 40 percent of the required
interlock period immediately preceding
the date of release, without a
confirmed violation of driving under
the influence of alcohol or driving
while intoxicated.'';
(6) in subsection (e)--
(A) in paragraph (1) by striking ``paragraphs (2) and
(3)'' and inserting ``paragraph (2)'';
(B) in paragraph (4)--
(i) by striking ``paragraph (2) or (3)'' and
inserting ``paragraph (3) or (4)'';
(ii) in subparagraph (A) by striking
``communications device to contact emergency
services'' and inserting ``communications
device during an emergency to contact emergency
services or to prevent injury to persons or
property'';
(iii) in subparagraph (C) by striking ``;
and'' and inserting a semicolon;
(iv) by redesignating subparagraph (D) as
subparagraph (E); and
(v) by inserting after subparagraph (C) the
following:
``(D) a driver who uses a personal wireless
communication device for navigation; and'';
(C) in paragraph (5)(A)(i) by striking ``texting or
using a cell phone while'' and inserting
``distracted'';
(D) in paragraph (7) by striking ``Of the amounts''
and inserting ``In addition to the amounts authorized
under section 404 and of the amounts'';
(E) in paragraph (9)--
(i) by striking subparagraph (B) and
inserting the following:
``(B) Personal wireless communications device.--The
term `personal wireless communications device' means--
``(i) until the date on which the Secretary
issues a regulation pursuant to paragraph
(8)(A), a device through which personal
services (as such term is defined in section
332(c)(7)(C)(i) of the Communications Act of
1934 (47 U.S.C. 332(c)(7)(C)(i)) are
transmitted, but not including the use of such
a device as a global navigation system receiver
used for positioning, emergency notification,
or navigation purposes; and
``(ii) on and after the date on which the
Secretary issues a regulation pursuant to
paragraph (8)(A), the definition described in
such regulation.''; and
(ii) by striking subparagraph (E) and
inserting the following:
``(E) Texting.--The term `texting' means--
``(i) until the date on which the Secretary
issues a regulation pursuant to paragraph
(8)(A), reading from or manually entering data
into a personal wireless communications device,
including doing so for the purpose of SMS
texting, emailing, instant messaging, or
engaging in any other form of electronic data
retrieval or electronic data communication; and
``(ii) on and after the date on which the
Secretary issues a regulation pursuant to
paragraph (8)(A), the definition described in
such regulation.'';
(F) by striking paragraphs (2), (3), (6), and (8);
(G) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively;
(H) by inserting after paragraph (1) the following:
``(2) Allocation.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the allocation of grant funds to a State under
this subsection for a fiscal year shall be in
proportion to the State's apportionment under section
402 for fiscal year 2009.
``(B) Primary offense laws.--A State that has enacted
and is enforcing a law that meets the requirements set
forth in paragraphs (3) and (4) as a primary offense
shall be allocated 100 percent of the amount calculated
under subparagraph (A).
``(C) Secondary offense laws.--A State that has
enacted and is enforcing a law that meets the
requirements set forth in paragraphs (3) and (4) as a
secondary offense shall be allocated 50 percent of the
amount calculated under subparagraph (A).
``(3) Prohibition on handheld personal wireless communication
device use while driving.--A State law meets the requirements
set forth in this paragraph if the law--
``(A) prohibits a driver from holding or using,
including texting, a personal wireless communications
device while driving, except for the use of a personal
wireless communications device--
``(i) in a hands-free manner or with a hands-
free accessory, or
``(ii) to activate or deactivate a feature or
function of the personal wireless
communications device;
``(B) establishes a fine for a violation of the law;
and
``(C) does not provide for an exemption that
specifically allows a driver to hold or use a personal
wireless communication device while stopped in traffic.
``(4) Prohibition on personal wireless communication device
use while driving or stopped in traffic.--A State law meets the
requirements set forth in this paragraph if the law--
``(A) prohibits a driver from holding or using a
personal wireless communications device while driving
if the driver is--
``(i) younger than 18 years of age; or
``(ii) in the learner's permit or
intermediate license stage described in
subparagraph (A) or (B) of subsection (g)(2);
``(B) establishes a fine for a violation of the law;
and
``(C) does not provide for an exemption that
specifically allows a driver to use a personal wireless
communication device while stopped in traffic.''; and
(I) by inserting after paragraph (7) the following:
``(8) Rulemaking.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall issue such
regulations as are necessary to account for diverse State
approaches to combating distracted driving that--
``(A) defines the terms personal wireless
communications device and texting for the purposes of
this subsection; and
``(B) determines additional permitted exceptions that
are appropriate for a State law that meets the
requirements under paragraph (3) or (4).'';
(7) in subsection (g)--
(A) in paragraph (1) by inserting ``subparagraphs (A)
and (B) of'' before ``paragraph (2)'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Minimum requirements.--
``(A) Tier 1 state.--A State shall be eligible for a
grant under this subsection as a Tier 1 State if such
State requires novice drivers younger than 18 years of
age to comply with a 2-stage graduated driver licensing
process before receiving an unrestricted driver's
license that includes--
``(i) a learner's permit stage that--
``(I) is at least 180 days in
duration;
``(II) requires that the driver be
accompanied and supervised at all
times; and
``(III) has a requirement that the
driver obtain at least 40 hours of
behind-the-wheel training with a
supervisor; and
``(ii) an intermediate stage that--
``(I) commences immediately after the
expiration of the learner's permit
stage;
``(II) is at least 180 days in
duration; and
``(III) for the first 180 days of the
intermediate stage, restricts the
driver from--
``(aa) driving at night
between the hours of 11:00 p.m.
and at least 4:00 a.m. except--
``(AA) when a parent,
guardian, driving
instructor, or licensed
driver who is at least
21 years of age is in
the motor vehicle; and
``(BB) when driving
to and from work,
school and school-
related activities,
religious activities,
for emergencies, or as
a member of voluntary
emergency service; and
``(bb) operating a motor
vehicle with more than 1
nonfamilial passenger younger
than 18 years of age, except
when a parent, guardian,
driving instructor, or licensed
driver who is at least 21 years
of age is in the motor vehicle.
``(B) Tier 2 state.--A State shall be eligible for a
grant under this subsection as a Tier 2 State if such
State requires novice drivers younger than 18 years of
age to comply with a 2-stage graduated driver licensing
process before receiving an unrestricted driver's
license that includes--
``(i) a learner's permit stage that--
``(I) is at least 180 days in
duration;
``(II) requires that the driver be
accompanied and supervised at all
times; and
``(III) has a requirement that the
driver obtain at least 50 hours of
behind-the-wheel training, with at
least 10 hours at night, with a
supervisor; and
``(ii) an intermediate stage that--
``(I) commences immediately after the
expiration of the learner's permit
stage;
``(II) is at least 180 days in
duration; and
``(III) for the first 180 days of the
intermediate stage, restricts the
driver from--
``(aa) driving at night
between the hours of 10:00 p.m.
and at least 4:00 a.m. except--
``(AA) when a parent,
guardian, driving
instructor, or licensed
driver who is at least
21 years of age is in
the motor vehicle; and
``(BB) when driving
to and from work,
school and school-
related activities,
religious activities,
for emergencies, or as
a member of voluntary
emergency service; and
``(bb) operating a motor
vehicle with any nonfamilial
passenger younger than 18 years
of age, except when a parent,
guardian, driving instructor,
or licensed driver who is at
least 21 years of age is in the
motor vehicle.'';
(C) in paragraph (3)--
(i) in subparagraph (A) by inserting
``subparagraphs (A) and (B) of'' before
``paragraph (2)''; and
(ii) in subparagraph (B) by inserting
``subparagraphs (A) and (B) of'' before
``paragraph (2)'' each place such term appears;
(D) in paragraph (4) by striking ``such fiscal year''
and inserting ``fiscal year 2009''; and
(E) by striking paragraph (5) and inserting the
following:
``(5) Use of funds.--
``(A) Tier 1 states.--A Tier 1 State shall use grant
funds provided under this subsection for--
``(i) enforcing a 2-stage licensing process
that complies with paragraph (2);
``(ii) training for law enforcement personnel
and other relevant State agency personnel
relating to the enforcement described in clause
(i);
``(iii) publishing relevant educational
materials that pertain directly or indirectly
to the State graduated driver licensing law;
``(iv) carrying out other administrative
activities that the Secretary considers
relevant to the State's 2-stage licensing
process; or
``(v) carrying out a teen traffic safety
program described in section 402(m).
``(B) Tier 2 states .--Of the grant funds made
available to a Tier 2 State under this subsection--
``(i) 25 percent shall be used for any
activity described in subparagraph (A); and
``(ii) 75 percent may be used for any project
or activity eligible under section 402.''; and
(8) by adding at the end the following:
``(i) Driver and Officer Safety Education.--
``(1) General authority.--Subject to the requirements under
this subsection, the Secretary shall award grants to--
``(A) States that enact a commuter safety education
program; and
``(B) States qualifying under paragraph (5)(A).
``(2) Federal share.--The Federal share of the costs of
activities carried out using amounts from a grant awarded under
this subsection may not exceed 80 percent.
``(3) Eligibility.--To be eligible for a grant under this
subsection, a State shall enact a law or adopt a program that
requires the following:
``(A) Driver education and driving safety courses.--
Inclusion, in driver education and driver safety
courses provided to individuals by educational and
motor vehicle agencies of the State, of instruction and
testing concerning law enforcement practices during
traffic stops, including information on--
``(i) the role of law enforcement and the
duties and responsibilities of peace officers;
``(ii) an individual's legal rights
concerning interactions with peace officers;
``(iii) best practices for civilians and
peace officers during such interactions;
``(iv) the consequences for an individual's
or officer's failure to comply with those laws
and programs; and
``(v) how and where to file a complaint
against or a compliment on behalf of a peace
officer.
``(B) Peace officer training programs.--Development
and implementation of a training program, including
instruction and testing materials, for peace officers
and reserve law enforcement officers (other than
officers who have received training in a civilian
course described in subparagraph (A)) with respect to
proper interaction with civilians during traffic stops.
``(4) Grant amount.--The allocation of grant funds to a State
under this subsection for a fiscal year shall be in proportion
to the State's apportionment under section 402 for fiscal year
2009.
``(5) Special rule for certain states.--
``(A) Qualifying state.--A State qualifies pursuant
to this subparagraph if--
``(i) the Secretary determines such State has
taken meaningful steps toward the full
implementation of a law or program described in
paragraph (3);
``(ii) the Secretary determines such State
has established a timetable for the
implementation of such a law or program; and
``(iii) such State has received a grant
pursuant to this subsection for a period of not
more than 5 years.
``(B) Withholding.--With respect to a State that
qualifies pursuant to subparagraph (A), the Secretary
shall--
``(i) withhold 50 percent of the amount that
such State would otherwise receive if such
State were a State described in paragraph
(1)(A); and
``(ii) direct any such amounts for
distribution among the States that are
enforcing and carrying out a law or program
described in paragraph (3).
``(6) Use of grant amounts.--A State receiving a grant under
this subsection may use such grant--
``(A) for the production of educational materials and
training of staff for driver education and driving
safety courses and peace officer training described in
paragraph (3); and
``(B) for the implementation of the law described in
paragraph (3).''.
(b) Conforming Amendment.--Sections 402, 403, and 405 of title 23,
United States Code, are amended--
(1) by striking ``accidents'' and inserting ``crashes'' each
place it appears; and
(2) by striking ``accident'' and inserting ``crash'' each
place it appears.
SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE
INTOXICATED OR DRIVING UNDER THE INFLUENCE.
Section 164(b)(1) of title 23, United States Code, is amended--
(1) in subparagraph (A) by striking ``alcohol-impaired'' and
inserting ``alcohol or polysubstance-impaired''; and
(2) in subparagraph (B)--
(A) by striking ``alcohol-impaired'' and inserting
``alcohol or polysubstance-impaired'';
(B) by striking ``or'' and inserting a comma; and
(C) by inserting ``, or driving while polysubstance-
impaired'' after ``driving under the influence''.
SEC. 3009. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.
Section 4010(2) of the FAST Act (23 U.S.C. 405 note) is amended by
striking ``deficiencies'' and inserting ``all deficiencies''.
SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAINING GRANTS.
(a) In General.--The Secretary of Transportation shall make grants to
institutions of higher education (as such term is defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001) for research
and training in the operation or establishment of an implicit bias
training program as it relates to racial profiling at traffic stops.
(b) Qualifications.--To be eligible for a grant under this section,
an institution of higher education shall--
(1) have an active research program or demonstrate, to the
satisfaction of the Secretary, that the applicant is beginning
a research program to study implicit bias as it relates to
racial profiling before and during traffic stops; and
(2) partner with State and local police departments to
conduct the research described in paragraph (1) and carry out
the implementation of implicit bias training with State and
local police departments.
(c) Report.--No later than 1 year after a grant has been awarded
under this section, the institution of higher education awarded the
grant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
summarizing the research on implicit bias as it relates to racial
profiling before and during traffic stops, and recommendations on
effective interventions and trainings.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each fiscal year to carry out this
section.
(e) Definitions.--In this section, the term ``implicit bias training
program'' means a program that looks at the attitudes, stereotypes, and
lenses human beings develop through various experiences in life that
can unconsciously affect how they interact with one another.
SEC. 3011. STOP MOTORCYCLE CHECKPOINT FUNDING.
Section 4007 of the FAST Act (23 U.S.C. 153 note) is amended--
(1) in paragraph (1) by striking ``or'' at the end;
(2) in paragraph (2) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) otherwise profile and stop motorcycle operators or
motorcycle passengers using as a factor the clothing or mode of
transportation of such operators or passengers.''.
SEC. 3012. ELECTRONIC DRIVER'S LICENSE.
(a) REAL ID Act.--Section 202(a)(1) of the REAL ID Act of 2005 (49
U.S.C. 30301 note) is amended by striking ``a driver's license or
identification card'' and inserting ``a physical or electronic 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 electronic 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.
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 2022;
``(B) $398,700,000 for fiscal year 2023;
``(C) $408,900,000 for fiscal year 2024; and
``(D) $418,425,000 for fiscal year 2025.
``(2) High-priority activities program.--Subject to
subsection (c), to carry out section 31102(l)--
``(A) $72,604,000 for fiscal year 2022;
``(B) $74,424,000 for fiscal year 2023;
``(C) $76,328,000 for fiscal year 2024; and
``(D) $78,106,000 for fiscal year 2025.
``(3) Commercial motor vehicle operators grant program.--To
carry out section 31103--
``(A) $1,037,200 for fiscal year 2022;
``(B) $1,063,200 for fiscal year 2023;
``(C) $1,090,400 for fiscal year 2024; and
``(D) $1,115,800 for fiscal year 2025.
``(4) Commercial driver's license program implementation
program.--Subject to subsection (c), to carry out section
31313--
``(A) $56,008,800 for fiscal year 2022;
``(B) $57,412,800 for fiscal year 2023;
``(C) $58,881,600 for fiscal year 2024; and
``(D) $60,253,200 for fiscal year 2025.'';
(2) by striking subsection (c) and inserting the following:
``(c) Partner Training and Program Support.--
``(1) In general.--On October 1 of each fiscal year, or as
soon after that date as practicable, the Secretary may deduct
from amounts made available under paragraphs (1), (2), and (4)
of subsection (a) for that fiscal year not more than 1.50
percent of those amounts for partner training and program
support in that fiscal year.
``(2) Use of funds.--The Secretary shall use at least 75
percent of the amounts deducted under paragraph (1) on training
and related training materials for non-Federal Government
employees.
``(3) Partnership.--The Secretary shall carry out the
training and development of materials pursuant to paragraph (2)
in partnership with one or more nonprofit organizations,
selected on a competitive basis, that have--
``(A) expertise in conducting a training program for
non-Federal Government employees; and
``(B) a demonstrated ability to involve in a training
program the target population of commercial motor
vehicle safety enforcement employees.'';
(3) in subsection (f)--
(A) in paragraph (1) by striking ``the next fiscal
year'' and inserting ``the following 2 fiscal years'';
(B) in paragraph (2)--
(i) by striking ``section 31102(l)(2)'' and
inserting ``paragraphs (2) and (4) of section
31102(l)'';
(ii) by striking ``the next 2 fiscal years''
and inserting ``the following 3 fiscal years'';
and
(C) in paragraph (3) by striking ``the next 4 fiscal
years'' and inserting ``the following 5 fiscal years'';
and
(4) by adding at the end the following:
``(j) Treatment of Reallocations.--Amounts that are obligated and
subsequently, after the date of enactment of this subsection, released
back to the Secretary under subsection (i) shall not be subject to
limitations on obligations provided under any other provision of
law.''.
(b) Commercial Driver's License Program Implementation Financial
Assistance Program.--Section 31313(b) of title 49, United States Code,
is amended--
(1) by striking the period at the end and inserting ``; and''
(2) by striking ``A recipient'' and inserting the following:
``In participating in financial assistance program under this
section
``(1) a recipient''; and
(3) by adding at the end the following:
``(2) a State may not receive more than $250,000 in grants
under subsection (a)(2) in any fiscal year--
``(A) in which the State prohibits both private
commercial driving schools and independent commercial
driver's license testing facilities from offering a
commercial driver's license skills test as a third-
party tester; and
``(B) if, during the preceding fiscal year, the State
had delays of more than 7 calendar days for the initial
commercial driver's license skills test or retest at 4
or more testing locations within the State, as reported
by the Administrator of the Federal Motor Carrier
Safety Administration in accordance with section 5506
of the FAST Act (49 U.S.C. 31305 note).''.
SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS.
(a) In General.--Section 31110 of title 49, United States Code, is
amended by striking subsection (a) and inserting the following:
``(a) Administrative Expenses.--There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to pay administrative
expenses of the Federal Motor Carrier Safety Administration--
``(1) $380,500,000 for fiscal year 2022;
``(2) $381,500,000 for fiscal year 2023;
``(3) $382,500,000 for fiscal year 2024; and
``(4) $384,500,000 for fiscal year 2025.''.
(b) Administrative Expenses.--
(1) Use of funds.--The Administrator of the Federal Motor
Carrier Safety Administration shall use funds made available in
subsection (a) for--
(A) acceleration of planned investments to modernize
the Administration's information technology and
information management systems;
(B) completing outstanding mandates;
(C) carrying out a Large Truck Crash Causal Factors
Study of the Administration;
(D) construction and maintenance of border
facilities; and
(E) other activities authorized under section
31110(b) of title 49, United States Code.
(2) Definition of outstanding mandate.--In this subsection,
the term ``outstanding mandate'' means a requirement for the
Federal Motor Carrier Safety Administration to issue
regulations, undertake a comprehensive review or study, conduct
a safety assessment, or collect data--
(A) under this Act;
(B) under MAP-21 (Public Law 112-141), that has not
been published in the Federal Register, if required, or
otherwise completed as of the date of enactment of this
Act;
(C) under the FAST Act (Public Law 114-94), that has
not been published in the Federal Register, if
required, or otherwise completed as of the date of
enactment of this Act; and
(D) under any other Act enacted before the date of
enactment of this Act that has not been published in
the Federal Register by the date required in such Act.
SEC. 4103. IMMOBILIZATION GRANT PROGRAM.
Section 31102(l) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``and (3)'' and inserting
``, (3), and (4)''; and
(2) by adding at the end the following:
``(4) Immobilization grant program.--
``(A) In general.--The Secretary shall establish an
immobilization grant program to make discretionary
grants to States for the immobilization or impoundment
of passenger-carrying commercial motor vehicles if such
vehicles are found to be unsafe or fail inspection.
``(B) Criteria for immobilization.--The Secretary, in
consultation with State commercial motor vehicle
entities, shall develop a list of commercial motor
vehicle safety violations and defects that the
Secretary determines warrant the immediate
immobilization of a passenger-carrying commercial motor
vehicle.
``(C) Eligibility.--A State is only eligible to
receive a grant under this paragraph if such State has
the authority to require the immobilization or
impoundment of a passenger-carrying commercial motor
vehicle if such vehicle is found to have a violation or
defect included in the list developed under
subparagraph (B).
``(D) Use of funds.-- Grant funds provided under this
paragraph may be used for--
``(i) the immobilization or impoundment of
passenger-carrying commercial motor vehicles
found to have a violation or defect included in
the list developed under subparagraph (B);
``(ii) safety inspections of such vehicles;
and
``(iii) other activities related to the
activities described in clauses (i) and (ii),
as determined by the Secretary.
``(E) Secretary authorization.--The Secretary is
authorized to award a State funding for the costs
associated with carrying out an immobilization program
with funds made available under section 31104(a)(2).
``(F) Definition of passenger-carrying commercial
motor vehicle.--In this paragraph, the term `passenger-
carrying commercial motor vehicle' has the meaning
given the term commercial motor vehicle in section
31301.''.
SEC. 4104. 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.''.
Subtitle B--Motor Carrier Safety Oversight
SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144 of SAFETEA-LU (49 U.S.C. 31100 note) is amended--
(1) in subsection (b)(1) by inserting ``, including small
business motor carriers'' after ``industry''; and
(2) in subsection (d) by striking ``September 30, 2013'' and
inserting ``September 30, 2025''.
SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall implement a revised
methodology to be used in the Compliance, Safety, Accountability
program of the Federal Motor Carrier Safety Administration to identify
and prioritize motor carriers for intervention, using the
recommendations of the study required by section 5221(a) of the FAST
Act (49 U.S.C. 31100 note).
(b) Data Availability.--The Secretary shall, in working toward
implementation of the revised methodology described in subsection (a)
prioritize revisions necessary to--
(1) restore the public availability of all relevant safety
data under a revised methodology; and
(2) make such safety data publicly available that was made
publicly available on the day before the date of enactment of
the FAST Act, and make publicly available any safety data that
was required to be made available by section 5223 of the FAST
Act (49 U.S.C. 31100 note).
(c) Implementation.--
(1) Progress reports.--Not later than 30 days after the date
of enactment of this Act, and every 90 days thereafter until
the date on which the Secretary implements the revised
methodology described in subsection (a), the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, and make publicly
available on a website of the Department of Transportation, a
progress report on--
(A) the status of the revision of the methodology and
related data modifications under subsection (a), a
timeline for completion of such revision, and an
estimated date for implementation of such revised
methodology;
(B) an explanation for any delays in development or
implementation of the revised methodology over the
reporting period; and
(C) if the Secretary has not resumed making publicly
available the data described in subsection (b), an
updated timeline for the restoration of the public
availability of data and a detailed explanation for why
such restoration has not occurred.
(2) Publication and notification.--Prior to commencing the
use of the revised methodology described in subsection (a) to
identify and prioritize motor carriers for intervention (other
than in a testing capacity), the Secretary shall--
(A) publish a detailed summary of the methodology in
the Federal Register and provide a period for public
comment; and
(B) notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate, in writing.
(d) Safety Fitness Rule.--
(1) Rulemaking.--Not later than 1 year after the date on
which the Secretary notifies Congress under subsection (c)(2),
the Secretary shall issue final regulations pursuant to section
31144(b) of title 49, United States Code, to revise the
methodology for issuance of motor carrier safety fitness
determinations.
(2) Considerations.--In issuing the regulations under
paragraph (1), the Secretary shall consider the use of all
available data to determine the fitness of a motor carrier.
(e) Repeal.--Section 5223 of the FAST Act (49 U.S.C. 31100 note), and
the item related to such section in the table of contents in section
1(b) of such Act, are repealed.
SEC. 4203. TERMS AND CONDITIONS FOR EXEMPTIONS.
Section 31315 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)(A) by inserting ``, including
data submission requirements,'' after ``terms and
conditions''; and
(B) by striking paragraph (8) and inserting the
following:
``(8) Terms and conditions.--
``(A) In general.--The Secretary shall establish
terms and conditions for each exemption to ensure that
the exemption will not likely degrade the level of
safety achieved by the person or class of persons
granted the exemption, and allow the Secretary to
evaluate whether an equivalent level of safety is
maintained while the person or class of persons is
operating under such exemption, including--
``(i) requiring the regular submission of
accident and incident data to the Secretary;
``(ii) requiring immediate notification to
the Secretary in the event of a crash that
results in a fatality or serious bodily injury;
``(iii) for exemptions granted by the
Secretary related to hours of service rules
under part 395 of title 49, Code of Federal
Regulations, requiring that the exempt person
or class of persons submit to the Secretary
evidence of participation in a recognized
fatigue management plan; and
``(iv) providing documentation of the
authority to operate under the exemption to
each exempt person, to be used to demonstrate
compliance if requested by a motor carrier
safety enforcement officer during a roadside
inspection.
``(B) Implementation.--The Secretary shall monitor
the implementation of the exemption to ensure
compliance with its terms and conditions.''; and
(2) in subsection (e) by inserting ``, based on an analysis
of data collected by the Secretary and submitted to the
Secretary under subsection (b)(8)'' after ``safety''.
SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS OF PASSENGERS.
Section 31144(i) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``who the
Secretary registers under section 13902 or 31134''; and
(B) in subparagraph (B) by inserting ``to motor
carriers of passengers and'' after ``apply''; and
(2) by adding at the end the following:
``(5) Motor carrier of passengers defined.--In this
subsection, the term `motor carrier of passengers' includes an
offeror of motorcoach services that sells scheduled
transportation of passengers for compensation at fares and on
schedules and routes determined by such offeror, regardless of
ownership or control of the vehicles or drivers used to provide
the transportation by motorcoach.''.
SEC. 4205. PROVIDERS OF RECREATIONAL ACTIVITIES.
Section 13506(b) of title 49, United States Code, is amended--
(1) in paragraph (2) by striking ``or'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) transportation by a motor vehicle designed or used to
transport between 9 and 15 passengers (including the driver),
whether operated alone or with a trailer attached for the
transport of recreational equipment, that is operated by a
person that provides recreational activities if--
``(A) the transportation is provided within a 150
air-mile radius of the location where passengers are
boarded; and
``(B) the person operating the motor vehicle, if
transporting passengers over a route between a place in
a State and a place in another State, is otherwise
lawfully providing transportation of passengers over
the entire route in accordance with applicable State
law.''.
SEC. 4206. AMENDMENTS TO REGULATIONS RELATING TO TRANSPORTATION OF
HOUSEHOLD GOODS IN INTERSTATE COMMERCE.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Federal Motor Carrier Safety Administration.
(2) Covered carrier.--The term ``covered carrier'' means a
motor carrier that is--
(A) engaged in the interstate transportation of
household goods; and
(B) subject to the requirements of part 375 of title
49, Code of Federal Regulations (as in effect on the
effective date of the amendments required by subsection
(b)).
(3) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
(b) Amendments to Regulations.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall issue a notice of
proposed rulemaking to amend regulations related to the interstate
transportation of household goods.
(c) Considerations.--In issuing the notice of proposed rulemaking
under subsection (b), the Secretary shall consider the following
recommended amendments to provisions of title 49, Code of Federal
Regulations:
(1) Section 375.207(b) to require each covered carrier to
include on the website of the covered carrier a link--
(A) to the publication of the Administration titled
``Ready to Move-Tips for a Successful Interstate Move''
(ESA 03005) on the website of the Administration; or
(B) to a copy of the publication referred to in
subparagraph (A) on the website of the covered carrier.
(2) Subsections (a) and (b)(1) of section 375.213 to require
each covered carrier to provide to each individual shipper,
with any written estimate provided to the shipper, a copy of
the publication described in appendix A of part 375 of such
title, entitled ``Your Rights and Responsibilities When You
Move'' (ESA-03-006 (or a successor publication)), in the form
of a written copy or a hyperlink on the website of the covered
carrier to the location on the website of the Administration
containing such publication.
(3) Subsection (e) of section 375.213, to repeal such
subsection.
(4) Section 375.401(a), to require each covered carrier--
(A) to conduct a visual survey of the household goods
to be transported by the covered carrier--
(i) in person; or
(ii) virtually, using--
(I) a remote camera; or
(II) another appropriate technology;
(B) to offer a visual survey described in
subparagraph (A) for all household goods shipments,
regardless of the distance between--
(i) the location of the household goods; and
(ii) the location of the agent of the covered
carrier preparing the estimate; and
(C) to provide to each shipper a copy of publication
of the Administration titled ``Ready to Move-Tips for a
Successful Interstate Move'' (ESA 03005) on receipt
from the shipper of a request to schedule, or a waiver
of, a visual survey offered under subparagraph (B).
(5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and
375.405(b)(7)(ii), and subpart D of appendix A of part 375, to
require that, in any case in which a shipper tenders any
additional item or requests any additional service prior to
loading a shipment, the affected covered carrier shall--
(A) prepare a new estimate; and
(B) maintain a record of the date, time, and manner
in which the new estimate was accepted by the shipper.
(6) Section 375.501(a), to establish that a covered carrier
is not required to provide to a shipper an order for service if
the covered carrier elects to provide the information described
in paragraphs (1) through (15) of such section in a bill of
lading that is presented to the shipper before the covered
carrier receives the shipment.
(7) Subpart H of part 375, to replace the replace the terms
``freight bill'' and ``expense bill'' with the term
``invoice''.
Subtitle C--Commercial Motor Vehicle Driver Safety
SEC. 4301. COMMERCIAL DRIVER'S LICENSE FOR PASSENGER CARRIERS.
Section 31301(4)(B) of title 49, United States Code, is amended to
read as follows:
``(B) is designed or used to transport--
``(i) more than 8 passengers (including the
driver) for compensation; or
``(ii) more than 15 passengers (including the
driver), whether or not the transportation is
provided for compensation; or''.
SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
Section 31306(c)(2) of title 49, United States Code, is amended by
striking ``, for urine testing,''.
SEC. 4303. ENTRY-LEVEL DRIVER TRAINING.
Not later than January 1, 2021, and every 90 days thereafter until
the compliance date for the final rule published on December 8, 2016,
titled ``Minimum Training Requirements for Entry-Level Commercial Motor
Vehicle Operators'' (81 Fed. Reg. 88732), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on--
(1) a schedule, including benchmarks, to complete
implementation of the requirements under such final rule;
(2) any anticipated delays, if applicable, in meeting the
benchmarks described in paragraph (1);
(3) the progress that the Secretary has made in updating the
Department of Transportation's information technology
infrastructure to support the training provider registry;
(4) a list of States that have adopted laws or regulations to
implement such final rule; and
(5) a list of States, if applicable, that are implementing
the rule and confirming that an applicant for a commercial
driver's license has complied with the requirements.
SEC. 4304. DRIVER DETENTION TIME.
(a) Data Collection.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall--
(1) begin to collect data on delays experienced by operators
of commercial motor vehicles, as required under section 5501 of
the FAST Act (49 U.S.C. 14103 note) and as referenced in the
request for information published on June 10, 2019, titled
``Request for Information Concerning Commercial Motor Vehicle
Driver Detention Times During Loading and Unloading'' (84 Fed.
Reg. 26932); and
(2) make such data available on a publicly accessible website
of the Department of Transportation.
(b) Detention Time Limits.--
(1) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall initiate a
rulemaking to establish limits on the amount of time that an
operator of a commercial motor vehicle may be reasonably
detained by a shipper or receiver before the loading or
unloading of the vehicle, if the operator is not compensated
for such time detained.
(2) Contents.--As part of the rulemaking conducted pursuant
to subsection (a), the Secretary shall--
(A) consider the diverse nature of operations in the
movement of goods by commercial motor vehicle;
(B) examine any correlation between time detained and
violations of the hours-of-service rules under part 395
of title 49, Code of Federal Regulations;
(C) determine whether the effect of detention time on
safety differs based on--
(i) how an operator is compensated; and
(ii) the contractual relationship between the
operator and the motor carrier, including
whether an operator is an employee, a leased
owner-operator, or an owner-operator with
independent authority; and
(D) establish a process for a motor carrier, shipper,
receiver, broker, or commercial motor vehicle operator
to report instances of time detained beyond the
Secretary's established limits.
(3) Incorporation of information.--The Secretary shall
incorporate information received under paragraph (2)(D) into
the process established pursuant to subsection (a) once a final
rule takes effect.
(c) Data Protection.--Data made available pursuant to this section
shall be made available in a manner that--
(1) precludes the connection of the data to any individual
motor carrier or commercial motor vehicle operator; and
(2) protects privacy and confidentiality of individuals,
operators, and motor carriers submitting the data.
(d) Commercial Motor Vehicle Defined.--In this section, the term
``commercial motor vehicle'' has the meaning given such term in section
31101 of title 49, United States Code.
SEC. 4305. TRUCK LEASING TASK FORCE.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Labor, shall establish a Truck Leasing Task Force
(hereinafter referred to as the ``Task Force'').
(b) Membership.--The Secretary of Transportation shall select not
more than 15 individuals to serve as members of the Task Force,
including equal representation from each of the following:
(1) Labor organizations.
(2) The motor carrier industry, including independent owner-
operators.
(3) Consumer protection groups.
(4) Safety groups.
(5) Members of the legal profession who specialize in
consumer finance issues.
(c) Duties.--The Task Force shall examine, at a minimum--
(1) common truck leasing arrangements available to commercial
motor vehicle drivers, including lease-purchase agreements;
(2) the terms of such leasing agreements;
(3) the prevalence of predatory leasing agreements in the
motor carrier industry;
(4) specific agreements available to drayage drivers at ports
related to the Clean Truck Program or similar programs to
decrease emissions from port operations;
(5) the impact of truck leasing agreements on the net
compensation of commercial motor vehicle drivers, including
port drayage drivers;
(6) resources to assist commercial motor vehicle drivers in
assessing the impacts of leasing agreements; and
(7) the classification of commercial motor vehicle drivers
under lease-purchase agreements.
(d) Compensation.--A member of the Task Force shall serve without
compensation.
(e) Report.--Upon completion of the examination described in
subsection (c), the Task Force shall submit to the Secretary of
Transportation, Secretary of Labor, and appropriate congressional
committees a report containing--
(1) the findings of the Task Force on the matters described
in subsection (c);
(2) best practices related to--
(A) assisting a commercial motor vehicle driver in
assessing the impacts of leasing agreements prior to
entering into such agreements; and
(B) assisting a commercial motor vehicle driver who
has entered into a predatory lease agreement; and
(3) recommendations on changes to laws or regulations, as
applicable, at the Federal, State, or local level to promote
fair leasing agreements under which a commercial motor vehicle
driver is able to earn a living wage.
(f) Termination.--Not later than 1 month after the date of submission
of the report pursuant to subsection (e), the Task Force shall
terminate.
SEC. 4306. HOURS OF SERVICE.
(a) Authority To Issue Regulations.--Notwithstanding the authority of
the Secretary of Transportation to issue regulations under section
31502 of title 49, United States Code, the Secretary shall delay the
effective date of the final rule published on June 1, 2020, titled
``Hours of Service of Drivers'' (85 Fed. Reg. 33396) until 60 days
after the date on which the Secretary submits the report required under
subsection (d).
(b) Comprehensive Review.--
(1) Comprehensive review of hours of service rules.--Not
later than 60 days after the date of enactment of this Act, the
Secretary shall initiate a comprehensive review of hours of
service rules and the impacts of waivers, exemptions, and other
allowances that limit the applicability of such rules.
(2) List of exemptions.--In carrying out the comprehensive
review required under paragraph (1), the Secretary shall--
(A) compile a list of waivers, exemptions, and other
allowances--
(i) under which a driver may operate in
excess of the otherwise applicable limits on
on-duty or driving time in absence of such
exemption, waiver, or other allowance;
(ii) under which a driver may operate without
recording compliance with hours of service
rules through the use of an electronic logging
device; and
(iii) applicable--
(I) to specific segments of the motor
carrier industry or sectors of the
economy;
(II) on a periodic or seasonal basis;
and
(III) to specific types of
operations, including the short haul
exemption under part 395 of title 49,
Code of Federal Regulations;
(B) specify whether each such waiver, exemption, or
other allowance was granted by the Department of
Transportation or enacted by Congress, and how long
such waiver, exemption, or other allowance has been in
effect; and
(C) estimate the number of motor carriers, motor
private carriers, and drivers that may qualify to use
each waiver, exemption, or other allowance.
(3) Safety impact analysis.--
(A) In general.--In carrying out the comprehensive
review under paragraph (1), the Secretary, in
consultation with State motor carrier enforcement
entities, shall undertake a statistically valid
analysis to determine the safety impact, including on
enforcement, of the exemptions, waivers, or other
allowances compiled under paragraph (2) by--
(i) using available data, or collecting from
motor carriers or motor private carriers and
drivers operating under an exemption, waiver,
or other allowance if the Secretary does not
have sufficient data, to determine the
incidence of accidents, fatigue-related
incidents, and other relevant safety
information related to hours of service among
motor carriers, private motor carriers, and
drivers permitted to operate under each
exemption, waiver, or other allowance;
(ii) comparing the data described in
subparagraph (A) to safety data from motor
carriers, motor private carriers, and drivers
that are subject to the hours of service rules
and not operating under an exemption, waiver,
or other allowance; and
(iii) based on the comparison under
subparagraph (B), determining whether waivers,
exemptions, and other allowances in effect
provide an equivalent level of safety as would
exist in the absence of exemptions, waivers, or
other allowances.
(B) Consultation.--The Secretary shall consult with
State motor carrier enforcement entities in carrying
out this paragraph.
(C) Exclusions.--The Secretary shall exclude data
related to exemptions, waivers, or other allowances
made pursuant to an emergency declaration under section
390.23 of title 49, Code of Federal Regulations, or
extended under section 390.25 of title 49, Code of
Federal Regulations, from the analysis required under
this paragraph.
(4) Driver impact analysis.--In carrying out the
comprehensive review under paragraph (1), the Secretary shall
further consider--
(A) data on driver detention collected by the
Secretary pursuant to section 4304 of this Act and
other conditions affecting the movement of goods by
commercial motor vehicle, and how such conditions
interact with the Secretary's regulations on hours of
service;
(B) whether exemptions, waivers, or other allowances
that permit additional on-duty time or driving time
have a deleterious effect on the physical condition of
drivers; and
(C) whether differences in the manner in which
drivers are compensated result in different levels of
burden for drivers in complying with hours of service
rules.
(c) Peer Review.--Prior to the publication of the review required
under subsection (d), the analyses performed by the Secretary shall
undergo an independent peer review.
(d) Publication.--Not later than 18 months after the date that the
Secretary initiates the comprehensive review under subsection (b)(1),
the Secretary shall publish the findings of such review in the Federal
Register and provide for a period for public comment.
(e) Report to Congress.--Not later than 30 days after the conclusion
of the public comment period under subsection (d), the Secretary shall
submit to the Committee on Commerce, Science, and Transportation and
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives and make publicly available on a website of the
Department of Transportation a report containing the information and
analyses required under subsection (b).
(f) Replacement of Guidance.--Notwithstanding subsection (a), the
Secretary shall replace the Department of Transportation guidance
published on June 7, 2018, titled ``Hours of Service of Drivers of
Commercial Motor Vehicles: Regulatory Guidance Concerning the Use of a
Commercial Motor Vehicle for Personal Conveyance'' (83 Fed. Reg. 26377)
with specific mileage or time limits, or both, for the use of personal
conveyance established through a rulemaking.
(g) Definitions.--In this section:
(1) Motor carrier; motor private carrier.--The terms ``motor
carrier'' and ``motor private carrier'' have the meanings given
such terms in section 31501 of title 49, United States Code.
(2) On-duty time; driving time; electronic logging device.--
The terms ``on-duty time'', ``driving time'', and ``electronic
logging device'' have the meanings given such terms in section
395.2 of title 49, Code of Federal Regulations (as in effect on
June 1, 2020).
SEC. 4307. DRIVER RECRUITMENT.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, the inspector general of the Department of Transportation
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report examining the operation of
commercial motor vehicles in the United States by drivers admitted to
the United States under temporary business visas.
(b) Contents.--The report under paragraph (1) shall include--
(1) an assessment of--
(A) the prevalence of the operation of commercial
motor vehicles in the United States by drivers admitted
to the United States under temporary business visas;
(B) the characteristics of motor carriers that
recruit and use such drivers, including the country of
domicile of the motor carrier or subsidiary;
(C) the demographics of drivers operating in the
United States under such visas, including the country
of domicile of such drivers; and
(D) the contractual relationship between such motor
carriers and such drivers;
(2) an analysis of whether such drivers are required to
comply with--
(A) motor carrier safety regulations under subchapter
B of chapter III of title 49, Code of Federal
Regulations, including--
(i) the English proficiency requirement under
section 391.11(2) of title 49, Code of Federal
Regulations;
(ii) the requirement for drivers of a motor
carrier to report any violations of a
regulation to such motor carrier under section
391.27 of title 49, Code of Federal
Regulations; and
(iii) driver's licensing requirements under
part 383 of title 49, Code of Federal
Regulations, including entry-level driver
training and drug and alcohol testing under
part 382 of such title; and
(B) regulations prohibiting point-to-point
transportation in the United States, or cabotage, under
part 365 of title 49, Code of Federal Regulations;
(3) an evaluation of the safety record of the operations and
drivers described in paragraph (1), including--
(A) violations of the motor carrier safety
regulations under subchapter B of chapter III of title
49, Code of Federal Regulations, including applicable
requirements described in paragraph (2)(A); and
(B) the number of crashes involving such operations
and drivers; and
(4) the impact of such operations and drivers on--
(A) commercial motor vehicle drivers domiciled in the
United States, including employment levels and driver
compensation of such drivers; and
(B) the competitiveness of motor carriers domiciled
in the United States.
(c) Definitions.--In this section:
(1) Commercial motor vehicle.--In this section, the term
``commercial motor vehicle'' has the meaning given such term in
section 31101 of title 49, United States Code.
(2) Temporary business visa.--The term ``temporary business
visa'' means any driver who is present in the United States
with status under section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)).
SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP APNEA.
(a) In General.--Not later than 6 months after the date of enactment
of this Act, the Secretary of Transportation shall--
(1) assess the risk posed by untreated obstructive sleep
apnea in drivers of commercial motor vehicles and the
feasibility, benefits, and costs associated with establishing
screening criteria for obstructive sleep apnea in drivers of
commercial motor vehicles;
(2) issue a notice in the Federal Register containing the
independently peer-reviewed findings of the assessment required
under paragraph (1) not later than 30 days after completion of
the assessment and provide an opportunity for public comment;
and
(3) if the Secretary contracts with an independent third
party to conduct the assessment required under paragraph (1),
ensure that the independent third party shall not have any
financial or contractual ties or relationship with a motor
carrier that transports passengers or property for
compensation, the motor carrier industry, or driver advocacy
organizations.
(b) Screening Criteria.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a proposed rule to establish screening
criteria for obstructive sleep apnea in commercial motor
vehicle drivers and provide an opportunity for public comment.
(2) Final rule.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a final rule
to establish screening criteria for obstructive sleep apnea in
commercial motor vehicle drivers.
(c) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31132 of
title 49, United States Code.
(2) Motor carrier.--The term ``motor carrier'' has the
meaning given such term in section 13102 of title 49, United
States Code.
SEC. 4309. WOMEN OF TRUCKING ADVISORY BOARD.
(a) Short Title.--This section may be cited as the ``Promoting Women
in Trucking Workforce Act''.
(b) Findings.--Congress finds that--
(1) women make up 47 percent of the workforce of the United
States;
(2) women are significantly underrepresented in the trucking
industry, holding only 24 percent of all transportation and
warehousing jobs and representing only--
(A) 6.6 percent of truck drivers;
(B) 12.5 percent of all workers in truck
transportation; and
(C) 8 percent of freight firm owners;
(3) given the total number of women truck drivers, women are
underrepresented in the truck-driving workforce; and
(4) women truck drivers have been shown to be 20 percent less
likely than male counterparts to be involved in a crash.
(c) Sense of Congress Regarding Women in Trucking.--It is the sense
of Congress that the trucking industry should explore every
opportunity, including driver training and mentorship programs, to
encourage and support the pursuit of careers in trucking by women.
(d) Establishment.--To encourage women to enter the field of
trucking, the Administrator shall establish and facilitate an advisory
board, to be known as the ``Women of Trucking Advisory Board'', to
promote organizations and programs that--
(1) provide education, training, mentorship, or outreach to
women in the trucking industry; and
(2) recruit women into the trucking industry.
(e) Membership.--
(1) In general.--The Board shall be composed of not fewer
than 7 members whose backgrounds allow those members to
contribute balanced points of view and diverse ideas regarding
the strategies and objectives described in subsection (f)(2).
(2) Appointment.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall appoint the
members of the Board, of whom--
(A) not fewer than 1 shall be a representative of
large trucking companies;
(B) not fewer than 1 shall be a representative of
mid-sized trucking companies;
(C) not fewer than 1 shall be a representative of
small trucking companies;
(D) not fewer than 1 shall be a representative of
nonprofit organizations in the trucking industry;
(E) not fewer than 1 shall be a representative of
trucking business associations;
(F) not fewer than 1 shall be a representative of
independent owner-operators; and
(G) not fewer than 1 shall be a woman who is a
professional truck driver.
(3) Terms.--Each member shall be appointed for the life of
the Board.
(4) Compensation.--A member of the Board shall serve without
compensation.
(f) Duties.--
(1) In general.--The Board shall identify--
(A) industry trends that directly or indirectly
discourage women from pursuing careers in trucking,
including--
(i) any differences between women minority
groups;
(ii) any differences between women who live
in rural, suburban, and urban areas; and
(iii) any safety risks unique to the trucking
industry;
(B) ways in which the functions of trucking
companies, nonprofit organizations, and trucking
associations may be coordinated to facilitate support
for women pursuing careers in trucking;
(C) opportunities to expand existing opportunities
for women in the trucking industry; and
(D) opportunities to enhance trucking training,
mentorship, education, and outreach programs that are
exclusive to women.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Board shall submit to the
Administrator a report describing strategies that the
Administrator may adopt--
(A) to address any industry trends identified under
paragraph (1)(A);
(B) to coordinate the functions of trucking
companies, nonprofit organizations, and trucking
associations in a manner that facilitates support for
women pursuing careers in trucking;
(C) to--
(i) take advantage of any opportunities
identified under paragraph (1)(C); and
(ii) create new opportunities to expand
existing scholarship opportunities for women in
the trucking industry; and
(D) to enhance trucking training, mentorship,
education, and outreach programs that are exclusive to
women.
(g) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing--
(A) any strategies recommended by the Board under
subsection (f)(2); and
(B) any actions taken by the Administrator to adopt
the strategies recommended by the Board (or an
explanation of the reasons for not adopting the
strategies).
(2) Public availability.--The Administrator shall make the
report under paragraph (1) publicly available--
(A) on the website of the Federal Motor Carrier
Safety Administration; and
(B) in appropriate offices of the Federal Motor
Carrier Safety Administration.
(h) Termination.--The Board shall terminate on submission of the
report to Congress under subsection (g).
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Motor Carrier Safety
Administration.
(2) Board.--The term ``Board'' means the Women of Trucking
Advisory Board established under subsection (d).
(3) Large trucking company.--The term ``large trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with an annual revenue greater
than $1,000,000,000.
(4) Mid-sized trucking company.--The term ``mid-sized
trucking company'' means a motor carrier (as defined in section
13102 of title 49, United States Code) with an annual revenue
of not less than $35,000,000 and not greater than
$1,000,000,000.
(5) Small trucking company.--The term ``small trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with an annual revenue less than
$35,000,000.
Subtitle D--Commercial Motor Vehicle and Schoolbus Safety
SEC. 4401. SCHOOLBUS SAFETY STANDARDS.
(a) Schoolbus Seatbelts.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a notice of
proposed rulemaking to consider requiring large schoolbuses to
be equipped with safety belts for all seating positions, if the
Secretary determines that such standards meet the requirements
and considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code.
(2) Considerations.--In issuing a notice of proposed
rulemaking under paragraph (1), the Secretary shall consider--
(A) the safety benefits of a lap/shoulder belt system
(also known as a Type 2 seatbelt assembly);
(B) the recommendations of the National
Transportation Safety Board on seatbelts in
schoolbuses;
(C) existing experience, including analysis of
student injuries and fatalities compared to States
without seat belt laws, and seat belt usage rates, from
States that require schoolbuses to be equipped with
seatbelts, including Type 2 seatbelt assembly; and
(D) the impact of lap/shoulder belt systems on
emergency evacuations, with a focus on emergency
evacuations involving students below the age of 14, and
emergency evacuations necessitated by fire or water
submersion; and
(E) the impact of lap/shoulder belt systems on the
overall availability of schoolbus transportation.
(3) Report.--If the Secretary determines that a standard
described in paragraph (1) does not meet the requirements and
considerations set forth in subsections (a) and (b) of section
30111 of title 49, United States Code, the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
describes the reasons for not prescribing such a standard.
(4) Application of regulations.--Any regulation issued based
on the notice of proposed rulemaking described in paragraph (1)
shall apply to schoolbuses manufactured more than 3 years after
the date on which the regulation takes effect.
(b) Automatic Emergency Braking.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall--
(1) prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires all
schoolbuses manufactured after the effective date of such
standard to be equipped with an automatic emergency braking
system; and
(2) as part of such standard, establish performance
requirements for automatic emergency braking systems, including
operation of such systems.
(c) Electronic Stability Control.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall--
(1) prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires all
schoolbuses manufactured after the effective date of such
standard to be equipped with an electronic stability control
system (as such term is defined in section 571.136 of title 49,
Code of Federal Regulations (as in effect on the date of
enactment of this Act)); and
(2) as part of such standard, establish performance
requirements for electronic stability control systems,
including operation of such systems.
(d) Fire Prevention and Mitigation.--
(1) Research and testing.--The Secretary shall conduct
research and testing to determine the most prevalent causes of
schoolbus fires and the best methods to prevent such fires and
to mitigate the effect of such fires, both inside and outside
the schoolbus. Such research and testing shall consider--
(A) fire suppression systems standards, which at a
minimum prevent engine fires;
(B) firewall standards to prevent gas or flames from
entering into the passenger compartment in schoolbuses
with engines that extend beyond the firewall; and
(C) interior flammability and smoke emissions
characteristics standards.
(2) Standards.--The Secretary may issue fire prevention and
mitigation standards for schoolbuses, based on the results of
the Secretary's research and testing under paragraph (1), if
the Secretary determines that such standards meet the
requirements and considerations set forth in subsections (a)
and (b) of section 30111 of title 49, United States Code.
(e) Definitions.--In this section:
(1) Automatic emergency braking.--The term ``automatic
emergency braking'' means a crash avoidance system installed
and operational in a vehicle that consists of--
(A) a forward warning function--
(i) to detect vehicles and objects ahead of
the vehicle; and
(ii) to alert the operator of an impending
collision; and
(B) a crash-imminent braking function to provide
automatic braking when forward-looking sensors of the
vehicle indicate that--
(i) a crash is imminent; and
(ii) the operator of the vehicle is not
applying the brakes.
(2) Large schoolbus.--The term ``large schoolbus'' means a
schoolbus with a gross vehicle weight rating of more than
10,000 pounds.
(3) Schoolbus.--The term ``schoolbus'' has the meaning given
such term in section 30125(a) of title 49, United States Code.
SEC. 4402. ILLEGAL PASSING OF SCHOOLBUSES.
(a) Review of Illegal Passing Laws.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall--
(A) prepare a compilation of illegal passing laws in
all States, including levels of enforcement and
penalties and enforcement issues with such laws and the
impact of such laws on illegal passing of schoolbuses
in each State;
(B) review existing State laws that may inhibit
effective schoolbus loading zone countermeasures, which
may include laws requiring camera visibility of a
driver's face for enforcement action, laws that may
reduce stop-arm camera effectiveness, the need for an
officer to witness the event for enforcement, and the
lack of primary enforcement for texting and driving;
(C) evaluate methods used by States to review,
document, and report to law enforcement schoolbus stop-
arm violations; and
(D) following the completion of the compilation,
issue recommendations on best practices on the most
effective approaches to address illegal passing of
schoolbuses.
(2) Publication.--The compilation and recommendations
prepared under paragraph (1) shall be made publicly available
on the website of the Department of Transportation.
(b) Public Safety Messaging Campaign.--
(1) In general.--Not later than 1 year after the date on
which the Secretary makes the compilation and recommendations
under subsection (a)(2) publicly available, the Secretary shall
create and execute a public safety messaging campaign for
distribution to States, divisions of motor vehicles, schools,
and other public outlets to highlight the dangers of the
illegal passing of schoolbuses, and should include educating
students and the public on safe loading and unloading of
schoolbuses.
(2) Consultation.--The Secretary shall consult with public
and private schoolbus industry representatives and States in
developing the campaign materials.
(3) Update.--The Secretary shall periodically update such
materials.
(c) Review of Technologies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall review and evaluate
the effectiveness of various technologies to enhance schoolbus
safety, including cameras, audible warning systems, enhanced
lighting, and other technological solutions.
(2) Content.--The review under paragraph (1)--
(A) shall include an evaluation of the costs of new
equipment and the potential impact on overall schoolbus
ridership;
(B) shall include an evaluation of advanced
technologies surrounding loading zone safety;
(C) shall include an evaluation of motion-activated
detection systems that are capable of--
(i) detecting pedestrians, bicyclists, and
other road users located near the exterior of
the schoolbus; and
(ii) alerting the operator of the schoolbus
of the road users described in clause (i);
(D) shall include an evaluation of schoolbus lighting
systems, to ensure clear communication to surrounding
drivers on their appropriate action; and
(E) may include other technological solutions that
enhance schoolbus safety.
(3) Consultation.--The Secretary shall consult with
manufacturers of schoolbus vehicles, manufacturers of various
technologies, and school bus industry representatives in
conducting the review under paragraph (1).
(4) Publication.--The Secretary shall make the findings of
the review under paragraph (1) publicly available on the
website of the Department.
(d) Review of Driver Education Materials.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) review driver education materials across all
States to determine whether and how illegal passing of
schoolbuses is addressed in driver education materials,
manuals, non-commercial driver's license testing, and
road tests; and
(B) make recommendations on how States can improve
education about illegal passing of schoolbuses,
particularly with new drivers.
(2) Consultation.--The Secretary shall consult with schoolbus
industry representatives, States, motor vehicle administrators,
and other appropriate motor vehicle experts in the preparation
of the review under paragraph (1).
(3) Publication.--The Secretary shall make the findings of
the review under paragraph (1) publicly available on the
website of the Department.
(e) Review of Other Safety Issues.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) research the connections between illegal passing
of schoolbuses and other safety issues, including
distracted driving, morning darkness, poor visibility,
illumination and reach of vehicle headlights, speed
limits, and schoolbus stop locations in rural areas;
and
(B) create a report containing the findings.
(2) Publication.--The Secretary shall make the report created
under paragraph (1)(B) publicly available on the website of the
Department.
SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR
VEHICLES.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Transportation shall issue a final rule
based on the advance notice of proposed rulemaking published on April
27, 2016, titled ``State Inspection Programs for Passenger-Carrier
Vehicles'' (81 Fed. Reg. 24769).
(b) Considerations.--In issuing a final rule under subsection (a),
the Secretary shall consider the impact of continuing to allow self-
inspection as a means to satisfy periodic inspection requirements on
the safety of passenger carrier operations.
SEC. 4404. AUTOMATIC EMERGENCY BRAKING.
(a) Federal Motor Vehicle Safety Standard.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall--
(A) prescribe a motor vehicle safety standard under
section 30111 of title 49, United States Code, that
requires all commercial motor vehicles manufactured
after the effective date of such standard to be
equipped with an automatic emergency braking system;
and
(B) as part of such standard, establish performance
requirements for automatic emergency braking systems,
including operation of such systems in a variety of
driving conditions.
(2) Considerations.--Prior to prescribing the standard
required under paragraph (1)(A), the Secretary shall--
(A) conduct a review of automatic emergency braking
systems in use in commercial motor vehicles and address
any identified deficiencies with such systems in the
rulemaking proceeding to prescribe the standard, if
practicable;
(B) assess the feasibility of updating the software
of emergency braking systems in use in commercial motor
vehicles to address any deficiencies and to enable such
systems to meet the new standard; and
(C) consult with representatives of commercial motor
vehicle drivers regarding the experiences of drivers
with automatic emergency braking systems in use in
commercial motor vehicles, including malfunctions or
unwarranted activations of such systems.
(3) Compliance date.--The Secretary shall ensure that the
compliance date of the standard prescribed pursuant to
paragraph (1) shall be not later than 2 years after the date of
publication of the final rule prescribing such standard.
(b) Federal Motor Carrier Safety Regulation.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall issue a
regulation under section 31136 of title 49, United States Code, that
requires that an automatic emergency braking system installed in a
commercial motor vehicle that is in operation on or after the effective
date of the standard prescribed under subsection (a) be used at any
time during which such commercial motor vehicle is in operation.
(c) Definitions.--In this section:
(1) Automatic emergency braking system.--The term ``automatic
emergency braking system'' means a crash avoidance system
installed and operational in a vehicle that consists of--
(A) a forward collision warning function--
(i) to detect vehicles and objects ahead of
the vehicle; and
(ii) to alert the operator of the vehicle of
an impending collision; and
(B) a crash-imminent braking function to provide
automatic braking when forward-looking sensors of the
vehicle indicate that--
(i) a crash is imminent; and
(ii) the operator of the vehicle is not
applying the brakes.
(2) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31101 of
title 49, United States Code.
SEC. 4405. UNDERRIDE PROTECTION.
(a) Rear Underride Guards.--
(1) Rear guards on trailers and semitrailers.--
(A) In general.--Not later than 1 year after the date
of enactment of this Act, the Secretary of
Transportation shall issue such regulations as are
necessary to revise motor vehicle safety standards
under sections 571.223 and 571.224 of title 49, Code of
Federal Regulations, to require trailers and semi-
trailers manufactured after the date on which such
regulation is issued to be equipped with rear impact
guards that are designed to prevent passenger
compartment intrusion from a trailer or semitrailer
when a passenger vehicle traveling at 35 miles per hour
makes--
(i) an impact in which the passenger vehicle
impacts the center of the rear of the trailer
or semitrailer;
(ii) an impact in which 50 percent the width
of the passenger vehicle overlaps the rear of
the trailer or semitrailer; and
(iii) an impact in which 30 percent of the
width of the passenger vehicle overlaps the
rear of the trailer or semitrailer.
(B) Effective date.--The rule issued under
subparagraph (A) shall require full compliance with the
motor carrier safety standard prescribed in such rule
not later than 2 years after the date on which a final
rule is issued.
(2) Additional research.--The Secretary shall conduct
additional research on the design and development of rear
impact guards that can prevent underride crashes and protect
motor vehicle passengers against severe injury at crash speeds
of up to 65 miles per hour.
(3) Review of standards.--Not later than 5 years after any
revisions to standards or requirements related to rear impact
guards pursuant to paragraph (1), the Secretary shall review
the standards or requirements to evaluate the need for changes
in response to advancements in technology and upgrade such
standards accordingly.
(4) Inspections.--
(A) In general.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall issue
such regulations as are necessary to amend the
regulations on minimum periodic inspection standards
under appendix G to subchapter B of chapter III of
title 49, Code of Federal Regulations, and driver
vehicle inspection reports under section 396.11 of
title 49, Code of Federal Regulations, to include rear
impact guards and rear end protection (as required by
section 393.86 of title 49, Code of Federal
Regulations).
(B) Considerations.--In updating the regulations
described in subparagraph (A), the Secretary shall
consider it to be a defect or a deficiency if a rear
impact guard is missing or has a corroded or
compromised element that affects the structural
integrity and protective feature of such guard.
(b) Side Underride Guards.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) complete additional research on side underride
guards to better understand the overall effectiveness
of such guards;
(B) assess the feasibility, benefits, and costs
associated with installing side underride guards on
newly manufactured trailers and semitrailers with a
gross vehicle weight rating of 10,000 pounds or more;
and
(C) if warranted, develop performance standards for
such guards.
(2) Independent research.--If the Secretary enters into a
contract with a third party to perform the research required
under paragraph (1)(A), the Secretary shall ensure that such
third party does not have any financial or contractual ties or
relationship with a motor carrier that transports passengers or
property for compensation, the motor carrier industry, or an
entity producing or supplying underride guards.
(3) Publication of assessment.--Not later than 90 days after
completing the assessment required under paragraph (1)(B), the
Secretary shall issue a notice in the Federal Register
containing the findings of the assessment and provide an
opportunity for public comment.
(4) Report to congress.--After the conclusion of the public
comment period under paragraph (3), the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
provides--
(A) the results of the assessment under this
subsection;
(B) a summary of the public comments received by the
Secretary under paragraph (3); and
(C) a determination as to whether the Secretary
intends to develop performance requirements for side
underride guards, including any analysis that led to
such determination.
(c) Advisory Committee on Underride Protection.--
(1) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish an Advisory Committee on Underride Protection (in
this subsection referred to as the ``Committee'') to provide
advice and recommendations to the Secretary on safety
regulations to reduce crashes and fatalities involving truck
underrides.
(2) Representation.--
(A) In general.--The Committee shall be composed of
not more than 20 members appointed by the Secretary who
are not employees of the Department of Transportation
and who are qualified to serve because of their
expertise, training, or experience.
(B) Membership.--Members shall include 2
representatives of each of the following:
(i) Truck and trailer manufacturers.
(ii) Motor carriers, including independent
owner-operators.
(iii) Law enforcement.
(iv) Motor vehicle engineers.
(v) Motor vehicle crash investigators.
(vi) Truck safety organizations.
(vii) The insurance industry.
(viii) Emergency medical service providers.
(ix) Families of underride crash victims.
(x) Labor organizations.
(3) Compensation.--Members of the Committee shall serve
without compensation.
(4) Meetings.--The Committee shall meet at least annually.
(5) Support.--On request of the Committee, the Secretary
shall provide information, administrative services, and
supplies necessary for the Committee to carry out the duties
described in paragraph (1).
(6) Report.--The Committee shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a biennial report that shall--
(A) describe the advice and recommendations made to
the Secretary; and
(B) include an assessment of progress made by the
Secretary in advancing safety regulations.
(d) Data Collection.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall implement recommendations 1
and 2 described in the report by the Government Accountability Office
published on March 14, 2019, titled ``Truck Underride Guards: Improved
Data Collection, Inspections, and Research Needed'' (GAO-19-264).
SEC. 4406. TRANSPORTATION OF HORSES.
Section 80502 of title 49, United States Code, is amended--
(1) in subsection (c) by striking ``This section does not''
and inserting ``Subsections (a) and (b) shall not'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) Transportation of Horses.--
``(1) Prohibition.--No person may transport, or cause to be
transported, a horse from a place in a State, the District of
Columbia, or a territory or possession of the United States
through or to a place in another State, the District of
Columbia, or a territory or possession of the United States in
a motor vehicle containing 2 or more levels stacked on top of
each other.
``(2) Motor vehicle defined.--In this subsection, the term
`motor vehicle'--
``(A) means a vehicle driven or drawn by mechanical
power and manufactured primarily for use on public
highways; and
``(B) does not include a vehicle operated exclusively
on a rail or rails.''; and
(4) in subsection (e), as redesignated--
(A) by striking ``A rail carrier'' and inserting the
following:
``(1) In general.--A rail carrier'';
(B) by striking ``this section'' and inserting
``subsection (a) or (b)''; and
(C) by striking ``On learning'' and inserting the
following:
``(2) Transportation of horses in multilevel trailer.--
``(A) Civil penalty.--A person that knowingly
violates subsection (d) is liable to the United States
Government for a civil penalty of at least $100, but
not more than $500, for each violation. A separate
violation of subsection (d) occurs for each horse that
is transported, or caused to be transported, in
violation of subsection (d).
``(B) Relationship to other laws.--The penalty
imposed under subparagraph (A) shall be in addition to
any penalty or remedy available under any other law.
``(3) Civil action.--On learning''.
SEC. 4407. ADDITIONAL STATE AUTHORITY.
(a) Additional Authority.--Notwithstanding the limitation in section
127(d) of title 23, United States Code, if a State had in effect on or
before June 1, 1991 a statute or regulation which placed a limitation
on the overall length of a longer combination vehicle consisting of 3
trailers, such State may allow the operation of a longer combination
vehicle to accommodate a longer 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.
(b) Savings Clause.--Nothing in this section authorizes a State to
allow an increase in the length of a trailer, semitrailer, or other
cargo-carrying unit of a longer combination vehicle.
(c) Longer Combination Vehicle Defined.--The term ``longer
combination vehicle'' has the meaning given such term in section 127 of
title 23, United States Code.
SEC. 4408. UPDATING THE REQUIRED AMOUNT OF INSURANCE FOR COMMERCIAL
MOTOR VEHICLES.
Section 31139(b) of title 49, United States Code, is amended--
(1) in paragraph (2), by striking ``$750,000'' and inserting
``$2,000,000''; and
(2) by adding at the end the following:
``(3) Adjustment.--The Secretary, in consultation with the
Bureau of Labor Statistics, shall adjust the minimum level of
financial responsibility under paragraph (2) quinquennially for
inflation.''.
TITLE V--INNOVATION
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway research and development program.--To carry out
section 503(b) of title 23, United States Code, $144,000,000
for each of fiscal years 2022 through 2025.
(2) Technology and innovation deployment program.--To carry
out section 503(c) of title 23, United States Code,
$152,000,000 for each of fiscal years 2022 through 2025.
(3) Training and education.--To carry out section 504 of
title 23, United States Code, $26,000,000 for each of fiscal
years 2022 through 2025.
(4) Intelligent transportation systems program.--To carry out
sections 512 through 518 of title 23, United States Code,
$100,000,000 for each of fiscal years 2022 through 2025.
(5) University transportation centers program.--To carry out
section 5505 of title 49, United States Code, $96,000,000 for
each of fiscal years 2022 through 2025.
(6) Bureau of transportation statistics.--To carry out
chapter 63 of title 49, United States Code, $27,000,000 for
each of fiscal years 2022 through 2025.
(b) Additional Programs.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Safe, efficient mobility through advanced technologies.--
To carry out section 503(c)(4) of title 23, United States Code,
$70,000,000 for each of fiscal years 2022 through 2025 from
funds made available to carry out section 503(c) of such title.
(2) Materials to reduce greenhouse gas emissions program.--To
carry out section 503(d) of title 23, United States Code,
$10,000,000 for each of fiscal years 2022 through 2025 from
funds made available to carry out section 503(c) of such title.
(3) National highly automated vehicle and mobility innovation
clearinghouse.--To carry out section 5507 of title 49, United
States Code, $2,000,000 for each of fiscal years 2022 through
2025 from funds made available to carry out sections 512
through 518 of title 23, United States Code.
(4) National cooperative multimodal freight transportation
research program.--To carry out section 70205 of title 49,
United States Code, $4,000,000 for each of fiscal years 2022
through 2025 from funds made available to carry out section
503(b) of title 23, United States Code.
(5) State surface transportation system funding pilots.--To
carry out section 6020 of the FAST Act (23 U.S.C. 503 note),
$35,000,000 for each of fiscal years 2022 through 2025 from
funds made available to carry out section 503(b) of title 23,
United States Code.
(6) National surface transportation system funding pilot.--To
carry out section 5402 of this title, $10,000,000 for each of
fiscal years 2022 through 2025 from funds made available to
carry out section 503(b) of title 23, United States Code.
(c) Administration.--The Federal Highway Administration shall--
(1) administer the programs described in paragraphs (1), (2),
and (3) of subsection (a) and paragraph (1) of subsection (b);
and
(2) in consultation with relevant modal administrations,
administer the programs described in subsections (a)(4) and
(b)(2).
(d) Treatment of Funds.--Funds authorized to be appropriated by
subsections (a) and (b) shall--
(1) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of a project or activity carried out using those funds shall be
80 percent, unless otherwise expressly provided by this title
(including the amendments by this title) or otherwise
determined by the Secretary; and
(2) remain available until expended and not be transferable,
except as otherwise provided in this title.
Subtitle A--Research and Development
SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--Section 503 of title 23, United States Code, is
amended--
(1) in subsection (a)(2) by striking ``section 508'' and
inserting ``section 6503 of title 49''; and
(2) in subsection (b)--
(A) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (ii) by striking ``;
and'' and inserting a semicolon;
(II) in clause (iii) by striking the
period and inserting ``; and''; and
(III) by adding at the end the
following:
``(iv) to reduce greenhouse gas emissions and
limit the effects of climate change.''; and
(ii) by striking subparagraphs (D) and (E);
(B) in paragraph (4)(A)--
(i) in clause (ii) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (iii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) to reduce greenhouse gas emissions and
limit the effects of climate change.'';
(C) in paragraph (5)(A)--
(i) in clause (iv) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (v) by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(vi) reducing greenhouse gas emissions and
limiting the effects of climate change.''; and
(D) by adding at the end the following:
``(9) Analysis tools.--The Secretary may develop interactive
modeling tools and databases that--
``(A) track the condition of highway assets,
including interchanges, and the reconstruction history
of such assets;
``(B) can be used to assess transportation options;
``(C) allow for the monitoring and modeling of
network-level traffic flows on highways; and
``(D) further Federal and State understanding of the
importance of national and regional connectivity and
the need for long-distance and interregional passenger
and freight travel by highway and other surface
transportation modes.
``(10) Performance management data support program.--
``(A) Performance management data support.--The
Administrator of the Federal Highway Administration
shall develop, use, and maintain data sets and data
analysis tools to assist metropolitan planning
organizations, States, and the Federal Highway
Administration in carrying out performance management
analyses (including the performance management
requirements under section 150).
``(B) Inclusions.--The data analysis activities
authorized under subparagraph (A) may include--
``(i) collecting and distributing vehicle
probe data describing traffic on Federal-aid
highways;
``(ii) collecting household travel behavior
data to assess local and cross-jurisdictional
travel, including to accommodate external and
through travel;
``(iii) enhancing existing data collection
and analysis tools to accommodate performance
measures, targets, and related data, so as to
better understand trip origin and destination,
trip time, and mode;
``(iv) enhancing existing data analysis tools
to improve performance predictions and travel
models in reports described in section 150(e);
``(v) developing tools--
``(I) to improve performance
analysis; and
``(II) to evaluate the effects of
project investments on performance;
``(vi) assisting in the development or
procurement of the transportation system access
data under section 1403(g) of the INVEST in
America Act; and
``(vii) developing tools and acquiring data
described under paragraph (9).
``(C) Funding.--The Administrator of the Federal
Highway Administration may use up to $15,000,000 for
each of fiscal years 2022 through 2025 to carry out
this paragraph.''.
(b) Repeal.--Section 6028 of the FAST Act (23 U.S.C. 150 note), and
the item relating to such section in the table of contents in section
1(b) of such Act, are repealed.
SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS EMISSIONS PROGRAM.
Section 503 of title 23, United States Code, as amended by section
5101, is further amended by adding at the end the following:
``(d) Materials to Reduce Greenhouse Gas Emissions Program.--
``(1) In general.--Not later than 6 months after the date of
enactment of this subsection, the Secretary shall establish and
implement a program under which the Secretary shall award
grants to eligible entities to research and support the
development of materials that will reduce or sequester the
amount of greenhouse gas emissions generated during the
production of highway materials and the construction of
highways.
``(2) Activities.--The Secretary shall ensure that the
program, at a minimum--
``(A) carries out research to determine the materials
proven to most effectively reduce or sequester
greenhouse gas emissions;
``(B) evaluates and improves the ability of materials
to most effectively reduce or sequester greenhouse gas
emissions; and
``(C) supports the development and deployment of
materials that will reduce or sequester greenhouse gas
emissions.
``(3) Competitive selection process.--
``(A) Applications.--To be eligible to receive a
grant under this subsection, an eligible entity shall
submit to the Secretary an application in such form and
containing such information as the Secretary may
require.
``(B) Consideration.--In making grants under this
subsection, the Secretary shall consider the degree to
which applicants presently carry out research on
materials that reduce or sequester greenhouse gas
emissions.
``(C) Selection criteria.--The Secretary may make
grants under this subsection to any eligible entity
based on the demonstrated ability of the applicant to
fulfill the activities described in paragraph (2).
``(D) Transparency.--
``(i) In general.--The Secretary shall
provide to each eligible entity submitting an
application under this subsection, upon
request, any materials, including copies of
reviews (with any information that would
identify a reviewer redacted), used in the
evaluation process of the application of such
entity.
``(ii) Reports.--The Secretary shall submit
to the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Environment and Public
Works of the Senate a report describing the
overall review process for a grant under this
subsection, including--
``(I) specific criteria of evaluation
used in the review;
``(II) descriptions of the review
process; and
``(III) explanations of the grants
awarded.
``(4) Grants.--
``(A) Restrictions.--
``(i) In general.--For each fiscal year, a
grant made available under this subsection
shall be not greater than $4,000,000 and not
less than $2,000,000 per recipient.
``(ii) Limitation.--An eligible entity may
only receive 1 grant in a fiscal year under
this subsection.
``(B) Matching requirements.--
``(i) In general.--As a condition of
receiving a grant under this subsection, a
grant recipient shall match 50 percent of the
amounts made available under the grant.
``(ii) Sources.--The matching amounts
referred to in clause (i) may include amounts
made available to the recipient under--
``(I) section 504(b); or
``(II) section 505.
``(5) Program coordination.--
``(A) In general.--The Secretary shall--
``(i) coordinate the research, education, and
technology transfer activities carried out by
grant recipients under this subsection;
``(ii) disseminate the results of that
research through the establishment and
operation of a publicly accessible online
information clearinghouse; and
``(iii) to the extent practicable, support
the deployment and commercial adoption of
effective materials researched or developed
under this subsection to relevant stakeholders.
``(B) Annual review and evaluation.--Not later than 2
years after the date of enactment of this subsection,
and not less frequently than annually thereafter, the
Secretary shall, consistent with the activities in
paragraph (3)--
``(i) review and evaluate the programs
carried out under this subsection by grant
recipients, describing the effectiveness of the
program in identifying materials that reduce or
sequester greenhouse gas emissions;
``(ii) submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Environment and Public Works of the Senate a
report describing such review and evaluation;
and
``(iii) make the report in clause (ii)
available to the public on a website.
``(6) Limitation on availability of amounts.--Amounts made
available to carry out this subsection shall remain available
for obligation by the Secretary for a period of 3 years after
the last day of the fiscal year for which the amounts are
authorized.
``(7) Information collection.--Any survey, questionnaire, or
interview that the Secretary determines to be necessary to
carry out reporting requirements relating to any program
assessment or evaluation activity under this subsection,
including customer satisfaction assessments, shall not be
subject to chapter 35 of title 44.
``(8) Definition of eligible entity.--In this subsection, the
term `eligible entity' means a nonprofit institution of higher
education, as such term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).''.
SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC
PLAN.
Section 6503 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``The Secretary'' and
inserting ``For the period of fiscal years 2017 through 2021,
and for each 5-year period thereafter, the Secretary'';
(2) in subsection (c)(1)--
(A) in subparagraph (D) by inserting ``and the
existing transportation system'' after
``infrastructure'';
(B) in subparagraph (E) by striking ``; and'' and
inserting a semicolon;
(C) by amending subparagraph (F) to read as follows:
``(F) reducing greenhouse gas emissions; and''; and
(D) by adding at the end the following:
``(G) developing and maintaining a diverse workforce
in transportation sectors;''; and
(3) in subsection (d) by striking ``not later than December
31, 2016,'' and inserting ``not later than December 31,
2021,''.
SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
Section 5505 of title 49, United States Code, is amended--
(1) in subsection (b)(4)--
(A) in subparagraph (A) by striking ``research
priorities identified in chapter 65.'' and inserting
the following: ``following research priorities:
``(i) Improving the mobility of people and
goods.
``(ii) Reducing congestion.
``(iii) Promoting safety.
``(iv) Improving the durability and extending
the life of transportation infrastructure and
the existing transportation system.
``(v) Preserving the environment.
``(vi) Reducing greenhouse gas emissions.'';
and
(B) in subparagraph (B)--
(i) by striking ``Technology and'' and
inserting ``Technology,''; and
(ii) by inserting ``, the Associate
Administrator for Research, Demonstration, and
Innovation and Administrator of the Federal
Transit Administration,'' after ``Federal
Highway Administration'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Not later than 1 year after
the date of enactment of this section,'' and
inserting the following:
``(A) Selection of grants.--Not later than 1 year
after the date of enactment of the INVEST in America
Act,''; and
(ii) by adding at the end the following:
``(B) Limitations.--A grant under this subsection may
not include a cooperative agreement described in
section 6305 of title 31.'';
(B) in paragraph (2)--
(i) in subparagraph (A) by striking ``5
consortia'' and inserting ``6 consortia'';
(ii) in subparagraph (B)--
(I) in clause (i) by striking ``not
greater than $4,000,000 and not less
than $2,000,000'' and inserting ``not
greater than $4,250,000 and not less
than $2,250,000''; and
(II) in clause (ii) by striking
``section 6503(e)'' and inserting
``subsection (b)(4)(A)'';
(iii) in subparagraph (C) by striking ``100
percent'' and inserting ``50 percent''; and
(iv) by adding at the end the following:
``(D) Requirement.--In awarding grants under this
section, the Secretary shall award 1 grant to a
national consortia for each focus area described in
subsection (b)(4)(A).'';
(C) in paragraph (3)--
(i) in subparagraph (C) by striking ``not
greater than $3,000,000 and not less than
$1,500,000'' and inserting ``not greater than
$3,250,000 and not less than $1,750,000'';
(ii) in subparagraph (D)(i) by striking ``100
percent'' and inserting ``50 percent''; and
(iii) by striking subparagraph (E); and
(D) in paragraph (4)--
(i) in subparagraph (A) by striking ``greater
than $2,000,000 and not less than $1,000,000''
and inserting ``greater than $2,250,000 and not
less than $1,250,000''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) Requirements.--In awarding grants under this
paragraph, the Secretary shall--
``(i) consider consortia that include
institutions that have demonstrated an ability
in transportation-related research; and
``(ii) award not less than 2 grants under
this section to minority institutions, as such
term is defined in section 365 of the Higher
Education Act of 1965 (20 U.S.C. 1067k).
``(D) Focused research.--
``(i) In general.--In awarding grants under
this section, the Secretary shall select not
less than 1 grant recipient with each of the
following focus areas:
``(I) Transit.
``(II) Connected and automated
vehicle technology.
``(III) Non-motorized transportation,
including bicycle and pedestrian
safety.
``(IV) Transportation planning,
including developing metropolitan
planning practices to meet the
considerations described in section
134(c)(4) of title 23 and section
5303(c)(4).
``(V) The surface transportation
workforce, including--
``(aa) current and future
workforce needs and challenges;
and
``(bb) the impact of
technology on the
transportation sector.
``(VI) Climate change mitigation,
including--
``(aa) researching the types
of transportation projects that
are expected to provide the
most significant greenhouse gas
emissions reductions from the
surface transportation sector;
and
``(bb) researching the types
of transportation projects that
are not expected to provide
significant greenhouse gas
emissions reductions from the
surface transportation sector.
``(VII) Rail.
``(ii) Additional grants.--In awarding grants
under this section and after awarding grants
pursuant to clause (i), the Secretary may award
any remaining grants to any grant recipient
based on the criteria described in subsection
(b)(4)(A).
``(E) Considerations for selected institutions.--
``(i) In general.--Tier 1 transportation
centers awarded a grant under this paragraph
with a focus area described in subparagraph
(D)(i)(IV) shall consider the following areas
for research:
``(I) strategies to address climate
change mitigation and impacts described
in section 134(i)(2)(I)(ii) of title 23
and the incorporation of such
strategies into long range
transportation plan; and
``(II) preparation of a vulnerability
assessment described in section
134(i)(2)(I)(iii) of title 23.
``(ii) Activities.--A tier 1 transportation
center receiving a grant under this section
with a focus area described in subparagraph
(D)(i)(IV) may--
``(I) establish best practices;
``(II) develop modeling tools; and
``(III) carry out other activities
and develop technology that addresses
the planning considerations described
in clause (i).
``(iii) Limitation.--Research under this
subparagraph shall focus on metropolitan
planning organizations that represent urbanized
areas with populations of 200,000 or fewer.'';
(3) in subsection (d)(3) by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through
2025'';
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following:
``(f) Surplus Amounts.--
``(1) In general.--Amounts made available to the Secretary to
carry out this section that remain unobligated after awarding
grants under subsection (c) shall be made available under the
unsolicited research initiative under section 5506.
``(2) Limitation on amounts.--Amounts under paragraph (1)
shall not exceed $2,000,000 for any given fiscal year.''.
SEC. 5105. UNSOLICITED RESEARCH INITIATIVE.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 5506. Unsolicited research initiative
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish a program
under which an eligible entity may at any time submit unsolicited
research proposals for funding under this section.
``(b) Criteria.--A research proposal submitted under subsection (a)
shall meet the purposes of the Secretary's 5-year transportation
research and development strategic plan described in section
6503(c)(1).
``(c) Project Review.--Not later than 90 days after an eligible
entity submits a proposal under subsection (a), the Secretary shall--
``(1) review the research proposal submitted under subsection
(a);
``(2) evaluate such research proposal relative to the
criteria described in subsection (b);
``(3) provide to such eligible entity a written notice that--
``(A) if the research proposal is not selected for
funding under this section--
``(i) notifies the eligible entity that the
research proposal has not been selected for
funding;
``(ii) provides an explanation as to why the
research proposal was not selected, including
if the research proposal does not cover an area
of need; and
``(iii) if applicable, recommends that the
research proposal be submitted to another
research program; and
``(B) if the research proposal is selected for
funding under this section, notifies the eligible
entity that the research proposal has been selected for
funding; and
``(4) fund the proposals described in paragraph (3)(B).
``(d) Report.--Not later than 18 months after the date of enactment
of this section, and annually thereafter, the Secretary shall make
available to the public on a public website a report on the progress
and findings of the program established under subsection (a).
``(e) Federal Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out under this section may not exceed 50
percent.
``(2) Non-federal share.--All costs directly incurred by the
non-Federal partners, including personnel, travel, facility,
and hardware development costs, shall be credited toward the
non-Federal share of the cost of an activity carried out under
this section.
``(f) Funding.--
``(1) In general.--Of the funds made available to carry out
the university transportation centers program under section
5505, $2,000,000 shall be available for each of fiscal years
2022 through 2025 to carry out this section.
``(2) Funding flexibility.--
``(A) In general.--For fiscal years 2022 through
2025, funds made available under paragraph (1) shall
remain available until expended.
``(B) Uncommitted funds.--If the Secretary
determines, at the end of a fiscal year, funds under
paragraph (1) remain unexpended as a result of a lack
of meritorious projects under this section, the
Secretary may, for the following fiscal year, make
remaining funds available under either this section or
under section 5505.
``(g) Eligible Entity Defined.--In this section, the term `eligible
entity' means
``(1) a State;
``(2) a unit of local government;
``(3) a transit agency;
``(4) any nonprofit institution of higher education,
including a university transportation center under section
5505; and
``(5) a nonprofit organization.''.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by inserting after the item relating to
section 5505 the following new item:
``5506. Unsolicited research initiative.''.
SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL FREIGHT TRANSPORTATION
RESEARCH PROGRAM.
(a) In General.--Chapter 702 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 70205. National cooperative multimodal freight transportation
research program
``(a) Establishment.--Not later than 1 year after the date of
enactment of this section, the Secretary shall establish and support a
national cooperative multimodal freight transportation research
program.
``(b) Agreement.--Not later than 6 months after the date of enactment
of this section, the Secretary shall seek to enter into an agreement
with the National Academy of Sciences to support and carry out
administrative and management activities relating to the governance of
the national cooperative multimodal freight transportation research
program.
``(c) Advisory Committee.--In carrying out the agreement described in
subsection (b), the National Academy of Sciences shall select a
multimodal freight transportation research advisory committee
consisting of multimodal freight stakeholders, including, at a
minimum--
``(1) a representative of the Department of Transportation;
``(2) representatives of any other Federal agencies relevant
in supporting the nation's multimodal freight transportation
research needs;
``(3) a representative of a State department of
transportation;
``(4) a representative of a local government (other than a
metropolitan planning organization);
``(5) a representative of a metropolitan planning
organization;
``(6) a representative of the trucking industry;
``(7) a representative of the railroad industry;
``(8) a representative of the port industry;
``(9) a representative of logistics industry;
``(10) a representative of shipping industry;
``(11) a representative of a safety advocacy group with
expertise in freight transportation;
``(12) an academic expert on multimodal freight
transportation;
``(13) an academic expert on the contributions of freight
movement to greenhouse gas emissions; and
``(14) representatives of labor organizations representing
workers in freight transportation.
``(d) Elements.--The national cooperative multimodal freight
transportation research program established under this section shall
include the following elements:
``(1) National research agenda.--The advisory committee under
subsection (c), in consultation with interested parties, shall
recommend a national research agenda for the program
established in this section.
``(2) Involvement.--Interested parties may--
``(A) submit research proposals to the advisory
committee;
``(B) participate in merit reviews of research
proposals and peer reviews of research products; and
``(C) receive research results.
``(3) Open competition and peer review of research
proposals.--The National Academy of Sciences may award research
contracts and grants under the program through open competition
and merit review conducted on a regular basis.
``(4) Evaluation of research.--
``(A) Peer review.--Research contracts and grants
under the program may allow peer review of the research
results.
``(B) Programmatic evaluations.--The National Academy
of Sciences shall conduct periodic programmatic
evaluations on a regular basis of research contracts
and grants.
``(5) Dissemination of research findings.--
``(A) In general.--The National Academy of Sciences
shall disseminate research findings to researchers,
practitioners, and decisionmakers, through conferences
and seminars, field demonstrations, workshops, training
programs, presentations, testimony to government
officials, a public website for the National Academy of
Sciences, publications for the general public, and
other appropriate means.
``(B) Report.--Not more than 18 months after the date
of enactment of this section, and annually thereafter,
the Secretary shall make available on a public website
a report that describes the ongoing research and
findings of the program.
``(e) Contents.--The national research agenda under subsection (d)(1)
shall include--
``(1) techniques and tools for estimating and identifying
both quantitative and qualitative public benefits derived from
multimodal freight transportation projects, including--
``(A) greenhouse gas emissions reduction;
``(B) congestion reduction; and
``(C) safety benefits;
``(2) the impact of freight delivery vehicles, including
trucks, railcars, and non-motorized vehicles, on congestion in
urban and rural areas;
``(3) the impact of both centralized and disparate origins
and destinations on freight movement;
``(4) the impacts of increasing freight volumes on
transportation planning, including--
``(A) first-mile and last-mile challenges to
multimodal freight movement;
``(B) multimodal freight travel in both urban and
rural areas; and
``(C) commercial motor vehicle parking and rest
areas;
``(5) the effects of Internet commerce and accelerated
delivery speeds on freight movement and increased commercial
motor vehicle volume, including impacts on--
``(A) safety on public roads;
``(B) congestion in both urban and rural areas;
``(C) first-mile and last-mile challenges and
opportunities;
``(D) the environmental impact of freight
transportation, including on air quality and on
greenhouse gas emissions; and
``(E) vehicle miles-traveled by freight-delivering
vehicles;
``(6) the impacts of technological advancements in freight
movement, including impacts on--
``(A) congestion in both urban and rural areas;
``(B) first-mile and last-mile challenges and
opportunities; and
``(C) vehicle miles-traveled;
``(7) methods and best practices for aligning multimodal
infrastructure improvements with multimodal freight
transportation demand, including improvements to the National
Multimodal Freight Network under section 70103; and
``(8) other research areas to identify and address current,
emerging, and future needs related to multimodal freight
transportation.
``(f) Funding.--
``(1) Federal share.--The Federal share of the cost of an
activity carried out under this section shall be 100 percent.
``(2) Period of availability.--Amounts made available to
carry out this section shall remain available until expended.
``(g) Definition of Greenhouse Gas.--In this section, the term
`greenhouse gas' has the meaning given such term in section 211(o)(1)
of the Clean Air Act (42 U.S.C. 7545(o)(1)).''.
(b) Clerical Amendment.--The analysis for chapter 702 of title 49,
United States Code, is amended by adding at the end the following new
item:
``70205. National cooperative multimodal freight transportation
research program.''.
SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUCTION AND HABITAT
CONNECTIVITY IMPROVEMENT.
(a) Study.--
(1) In general.--The Secretary of Transportation shall
conduct a study examining methods to reduce collisions between
motorists and wildlife (referred to in this section as
``wildlife-vehicle collisions'').
(2) Contents.--
(A) Areas of study.--The study required under
paragraph (1) shall--
(i) update and expand on, as appropriate--
(I) the report titled ``Wildlife
Vehicle Collision Reduction Study: 2008
Report to Congress'': and
(II) the document titled ``Wildlife
Vehicle Collision Reduction Study: Best
Practices Manual'' and dated October
2008; and
(ii) include--
(I) an assessment, as of the date of
the study, of--
(aa) the causes of wildlife-
vehicle collisions;
(bb) the impact of wildlife-
vehicle collisions on motorists
and wildlife; and
(cc) the impacts of roads and
traffic on habitat connectivity
for terrestrial and aquatic
species; and
(II) solutions and best practices
for--
(aa) reducing wildlife-
vehicle collisions; and
(bb) improving habitat
connectivity for terrestrial
and aquatic species.
(B) Methods.--In carrying out the study required
under paragraph (1), the Secretary shall--
(i) conduct a thorough review of research and
data relating to--
(I) wildlife-vehicle collisions; and
(II) habitat fragmentation that
results from transportation
infrastructure;
(ii) survey current practices of the
Department of Transportation and State
departments of transportation to reduce
wildlife-vehicle collisions; and
(iii) consult with--
(I) appropriate experts in the field
of wildlife-vehicle collisions; and
(II) appropriate experts on the
effects of roads and traffic on habitat
connectivity for terrestrial and
aquatic species.
(3) Report.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall
submit to Congress a report on the results of the study
required under paragraph (1).
(B) Contents.--The report required under subparagraph
(A) shall include--
(i) a description of--
(I) the causes of wildlife-vehicle
collisions;
(II) the impacts of wildlife-vehicle
collisions; and
(III) the impacts of roads and
traffic on--
(aa) species listed as
threatened species or
endangered species under the
Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
(bb) species identified by
States as species of greatest
conservation need;
(cc) species identified in
State wildlife plans; and
(dd) medium and small
terrestrial and aquatic
species;
(ii) an economic evaluation of the costs and
benefits of installing highway infrastructure
and other measures to mitigate damage to
terrestrial and aquatic species, including the
effect on jobs, property values, and economic
growth to society, adjacent communities, and
landowners;
(iii) recommendations for preventing
wildlife-vehicle collisions, including
recommended best practices, funding resources,
or other recommendations for addressing
wildlife-vehicle collisions; and
(iv) guidance to develop, for each State that
agrees to participate, a voluntary joint
statewide transportation and wildlife action
plan.
(C) Purposes.--The purpose of the guidance described
in subparagraph (B)(iv) shall be--
(i) to address wildlife-vehicle collisions;
and
(ii) to improve habitat connectivity for
terrestrial and aquatic species.
(D) Consultation.--The Secretary shall develop the
guidance described under subparagraph (B)(iv) in
consultation with--
(i) Federal land management agencies;
(ii) State departments of transportation;
(iii) State fish and wildlife agencies; and
(iv) Tribal governments.
(b) Standardization of Wildlife Collision and Carcass Data.--
(1) Standardization methodology.--
(A) In general.--The Secretary of Transportation,
acting through the Administrator of the Federal Highway
Administration, shall develop a quality standardized
methodology for collecting and reporting spatially
accurate wildlife collision and carcass data for the
National Highway System, taking into consideration the
practicability of the methodology with respect to
technology and cost.
(B) Methodology.--In developing the standardized
methodology under subparagraph (A), the Secretary
shall--
(i) survey existing methodologies and sources
of data collection, including the Fatality
Analysis Reporting System, the General
Estimates System of the National Automotive
Sampling System, and the Highway Safety
Information System; and
(ii) to the extent practicable, identify and
correct limitations of such existing
methodologies and sources of data collection.
(C) Consultation.--In developing the standardized
methodology under subparagraph (A), the Secretary shall
consult with--
(i) the Secretary of the Interior;
(ii) the Secretary of Agriculture, acting
through the Chief of the Forest Service;
(iii) Tribal, State, and local transportation
and wildlife authorities;
(iv) metropolitan planning organizations (as
such term is defined in section 134(b) of title
23, United States Code);
(v) members of the American Association of
State Highway and Transportation Officials;
(vi) members of the Association of Fish and
Wildlife Agencies;
(vii) experts in the field of wildlife-
vehicle collisions;
(viii) nongovernmental organizations; and
(ix) other interested stakeholders, as
appropriate.
(2) Standardized national data system with voluntary template
implementation.--The Secretary shall--
(A) develop a template for State implementation of a
standardized national wildlife collision and carcass
data system for the National Highway System that is
based on the standardized methodology developed under
paragraph (1); and
(B) encourage the voluntary implementation of the
template developed under subparagraph (A) for States,
metropolitan planning organizations, and additional
relevant transportation stakeholders.
(3) Reports.--
(A) Methodology.--The Secretary shall submit to
Congress a report describing the development of the
standardized methodology required under paragraph (1)
not later than--
(i) the date that is 18 months after the date
of enactment of this Act; and
(ii) the date that is 180 days after the date
on which the Secretary completes the
development of such standardized methodology.
(B) Implementation.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall
submit to Congress a report describing--
(i) the status of the voluntary
implementation of the standardized methodology
developed under paragraph (1) and the template
developed under paragraph (2)(A);
(ii) whether the implementation of the
standardized methodology developed under
paragraph (1) and the template developed under
paragraph (2)(A) has impacted efforts by
States, units of local government, and other
entities--
(I) to reduce the number of wildlife-
vehicle collisions; and
(II) to improve habitat connectivity;
(iii) the degree of the impact described in
clause (ii); and
(iv) the recommendations of the Secretary,
including recommendations for further study
aimed at reducing motorist collisions involving
wildlife and improving habitat connectivity for
terrestrial and aquatic species on the National
Highway System, if any.
(c) National Threshold Guidance.--The Secretary of Transportation
shall--
(1) establish guidance, to be carried out by States on a
voluntary basis, that contains a threshold for determining
whether a highway shall be evaluated for potential mitigation
measures to reduce wildlife-vehicle collisions and increase
habitat connectivity for terrestrial and aquatic species,
taking into consideration--
(A) the number of wildlife-vehicle collisions on the
highway that pose a human safety risk;
(B) highway-related mortality and effects of traffic
on the highway on--
(i) species listed as endangered species or
threatened species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
(ii) species identified by a State as species
of greatest conservation need;
(iii) species identified in State wildlife
plans; and
(iv) medium and small terrestrial and aquatic
species; and
(C) habitat connectivity values for terrestrial and
aquatic species and the barrier effect of the highway
on the movements and migrations of those species.
(d) Workforce Development and Technical Training.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall, based on the study
conducted under subsection (a), develop a series of in-person
and online workforce development and technical training
courses--
(A) to reduce wildlife-vehicle collisions; and
(B) to improve habitat connectivity for terrestrial
and aquatic species.
(2) Availability.--The Secretary shall--
(A) make the series of courses developed under
paragraph (1) available for transportation and fish and
wildlife professionals; and
(B) update the series of courses not less frequently
than once every 2 years.
(e) Wildlife Habitat Connectivity and National Bridge and Tunnel
Inventory and Inspection Standards.--Section 144 of title 23, United
States Code, is amended in subsection (a)(2)--
(1) in subparagraph (B) by inserting ``, resilience,'' after
``safety'';
(2) in subparagraph (D) by striking ``and'' at the end;
(3) in subparagraph (E) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(F) to ensure adequate passage of aquatic and
terrestrial species, where appropriate.'';
SEC. 5108. RESEARCH ACTIVITIES.
Section 330(g) of title 49, United States Code, is amended by
striking ``each of fiscal years 2016 through 2020'' and inserting
``each of fiscal years 2022 through 2025''.
SEC. 5109. INNOVATIVE MATERIAL INNOVATION HUBS.
(a) Establishment.--
(1) In general.--The Secretary of Transportation shall carry
out a program to enhance the development of innovative
materials in the United States by making awards to consortia
for establishing and operating Hubs (to be known as
``Innovative Material Innovation Hubs'') to conduct and support
multidisciplinary, collaborative research, development,
demonstration, standardized design development, and commercial
application of innovative materials.
(2) Coordination.--The Secretary shall ensure the
coordination of, and avoid duplication of, the activities of
each Hub with the activities of--
(A) other research entities of the Department of
Transportation, including the Federal Highway
Administration; and
(B) research entities of other Federal agencies, as
appropriate.
(b) Competitive Selection Process.--
(1) Eligibility.--To be eligible to receive an award for the
establishment and operation of a Hub under subsection (a)(1), a
consortium shall--
(A) be composed of not fewer than 2 qualifying
entities;
(B) operate subject to a binding agreement, entered
into by each member of the consortium, that documents--
(i) the proposed partnership agreement,
including the governance and management
structure of the Hub;
(ii) measures the consortium will undertake
to enable cost-effective implementation of
activities under the program described in
subsection (a)(1); and
(iii) a proposed budget, including financial
contributions from non-Federal sources; and
(C) operate as a nonprofit organization.
(2) Application.--
(A) In general.--A consortium seeking to establish
and operate a Hub under subsection (a)(1) shall submit
to the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require, including a detailed description
of--
(i) each element of the consortium agreement
required under paragraph (1)(B); and
(ii) any existing facilities the consortium
intends to use for Hub activities.
(B) Requirement.--If the consortium members will not
be located at 1 centralized location, the application
under subparagraph (A) shall include a communications
plan that ensures close coordination and integration of
Hub activities.
(3) Selection.--
(A) In general.--The Secretary shall select consortia
for awards for the establishment and operation of Hubs
through a competitive selection process.
(B) Considerations.--In selecting consortia under
subparagraph (A), the Secretary shall consider--
(i) any existing facilities a consortium has
identified to be used for Hub activities;
(ii) maintaining geographic diversity in
locations of selected Hubs;
(iii) the demonstrated ability of the
recipient to conduct and support
multidisciplinary, collaborative research,
development, demonstration, standardized design
development, and commercial application of
innovative materials;
(iv) the demonstrated research, technology
transfer, and education resources available to
the recipient to carry out this section;
(v) the ability of the recipient to provide
leadership in solving immediate and long-range
national and regional transportation problems
related to innovative materials;
(vi) the demonstrated ability of the
recipient to disseminate results and spur the
implementation of transportation research and
education programs through national or
statewide continuing education programs;
(vii) the demonstrated commitment of the
recipient to the use of peer review principles
and other research best practices in the
selection, management, and dissemination of
research projects;
(viii) the performance metrics to be used in
assessing the performance of the recipient in
meeting the stated research, technology
transfer, education, and outreach goals; and
(ix) the ability of the recipient to
implement the proposed program in a cost-
efficient manner, including through cost
sharing and overall reduced overhead,
facilities, and administrative costs.
(4) Transparency.--
(A) In general.--The Secretary shall provide to each
applicant, upon request, any materials, including
copies of reviews (with any information that would
identify a reviewer redacted), used in the evaluation
process of the proposal of the applicant.
(B) Reports.--The Secretary shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on
Environment and Public Works of the Senate a report
describing the overall review process under paragraph
(2), given the considerations under paragraph (3), that
includes--
(i) specific criteria of evaluation used in
the review;
(ii) descriptions of the review process; and
(iii) explanations of the selected awards.
(c) Authorization.--There is authorized to be appropriated to carry
out this section such sums as may be necessary and such sums shall
remain available for a period of 3 years after the last day of the
fiscal year in which such sums were made available.
(d) Hub Operations.--
(1) In general.--Each Hub shall conduct, or provide for,
multidisciplinary, collaborative research, development,
demonstration, and commercial application of innovative
materials.
(2) Activities.--Each Hub shall--
(A) encourage collaboration and communication among
the member qualifying entities of the consortium, as
described in subsection (b)(1), and awardees;
(B) develop and publish proposed plans and programs
on a publicly accessible website;
(C) submit to the Department of Transportation an
annual report summarizing the activities of the Hub,
including information--
(i) detailing organizational expenditures;
and
(ii) describing each project undertaken by
the Hub, as it relates to conducting and
supporting multidisciplinary, collaborative
research, development, demonstration,
standardized design development, and commercial
application of innovative materials; and
(D) monitor project implementation and coordination.
(3) Conflicts of interest.--Each Hub shall maintain conflict
of interest procedures, consistent with the conflict of
interest procedures of the Department of Transportation.
(4) Prohibition on construction and renovation.--
(A) In general.--No funds provided under this section
may be used for construction or renovation of new
buildings, test beds, or additional facilities for
Hubs.
(B) Non-federal share.--Construction of new buildings
or facilities shall not be considered as part of the
non-Federal share of a Hub cost-sharing agreement.
(e) Applicability.--The Secretary shall administer this section in
accordance with section 330 of title 49, United States Code.
(f) Definitions.--In this section:
(1) Hub.--The term ``Hub'' means an Innovative Material
Innovation Hub established under this section.
(2) Qualifying entity.--The term ``qualifying entity''
means--
(A) an institution of higher education (as such term
is defined in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a)));
(B) an appropriate Federal or State entity, including
a federally funded research and development center of
the Department of Transportation;
(C) a university transportation center under section
5505 of title 49, United States Code; and
(D) a research and development entity in existence on
the date of enactment of this Act focused on innovative
materials that the Secretary determines to be similar
in scope and intent to a Hub under this section.
(3) Innovative material.--The term ``innovative material'',
with respect to an infrastructure project, includes materials
or combinations and processes for use of materials that enhance
the overall service life, sustainability, and resiliency of the
project or provide ancillary benefits relative to widely
adopted state of practice technologies, as determined by the
Secretary.
Subtitle B--Technology Deployment
SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.
Section 503(c) of title 23, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by inserting ``, while
considering the impacts on jobs'' after
``transportation community'';
(B) in subparagraph (D) by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (E) by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(F) reducing greenhouse gas emissions and limiting
the effects of climate change.''; and
(2) in paragraph (2)(A) by striking the period and inserting
``and findings from the materials to reduce greenhouse gas
emissions program under subsection (d).''.
SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF PAVEMENT
TECHNOLOGIES.
Section 503(c)(3) of title 23, United States Code, is amended--
(1) in subparagraph (B)--
(A) in clause (v) by striking ``; and'' and inserting
a semicolon;
(B) in clause (vi) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(vii) the deployment of innovative pavement
designs, materials, and practices that reduce
or sequester the amount of greenhouse gas
emissions generated during the production of
highway materials and the construction of
highways, with consideration for findings from
the materials to reduce greenhouse gas
emissions program under subsection (d).'';
(2) in subparagraph (C) by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through
2025''; and
(3) in subparagraph (D)(ii)--
(A) in subclause (III) by striking ``; and'' and
inserting a semicolon;
(B) in subclause (IV) by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(V) pavement monitoring and data
collection practices;
``(VI) pavement durability and
resilience;
``(VII) stormwater management;
``(VIII) impacts on vehicle
efficiency;
``(IX) the energy efficiency of the
production of paving materials and the
ability of paving materials to enhance
the environment and promote
sustainability;
``(X) integration of renewable energy
in pavement designs; and
``(XI) greenhouse gas emissions
reduction, including findings from the
materials to reduce greenhouse gas
emissions program under subsection
(d).''.
SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY DAY COUNTS INITIATIVE.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 520. Every Day Counts initiative
``(a) In General.--It is in the national interest for the Department
of Transportation, State departments of transportation, and all other
recipients of Federal surface transportation funds--
``(1) to identify, accelerate, and deploy innovation aimed at
expediting project delivery;
``(2) enhancing the safety of the roadways of the United
States, and protecting the environment;
``(3) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is done
in an efficient and effective manner;
``(4) to promote the rapid deployment of proven solutions
that provide greater accountability for public investments and
encourage greater private sector involvement; and
``(5) to create a culture of innovation within the highway
community.
``(b) Every Day Counts Initiative.--To advance the policy described
in subsection (a), the Administrator of the Federal Highway
Administration shall continue the Every Day Counts initiative to work
with States, local transportation agencies, all other recipients of
Federal surface transportation funds, and industry stakeholders,
including labor representatives, to identify and deploy proven
innovative practices and products that--
``(1) accelerate innovation deployment;
``(2) expedite the project delivery process;
``(3) improve environmental sustainability;
``(4) enhance roadway safety;
``(5) reduce congestion; and
``(6) reduce greenhouse gas emissions.
``(c) Considerations.--In carrying out the Every Day Counts
initiative, the Administrator shall consider any innovative practices
and products in accordance with subsections (a) and (b), including--
``(1) research results from the university transportation
centers program under section 5505 of title 49; and
``(2) results from the materials to reduce greenhouse gas
emissions program in section 503(d).
``(d) Innovation Deployment.--
``(1) In general.--At least every 2 years, the Administrator
shall work collaboratively with stakeholders to identify a new
collection of innovations, best practices, and data to be
deployed to highway stakeholders through case studies,
outreach, and demonstration projects.
``(2) Requirements.--In identifying a collection described in
paragraph (1), the Secretary shall take into account market
readiness, impacts, benefits, and ease of adoption of the
innovation or practice.
``(e) Publication.--Each collection identified under subsection (d)
shall be published by the Administrator on a publicly available
website.
``(f) Funding.--The Secretary may use funds made available to carry
out section 503(c) to carry out this section.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by adding at the end the following new
item:
``520. Every Day Counts initiative.''.
(c) Repeal.--Section 1444 of the FAST Act (23 U.S.C. 101 note), and
the item related to such section in the table of contents in section
1(b) of such Act, are repealed.
Subtitle C--Emerging Technologies
SEC. 5301. SAFE, EFFICIENT MOBILITY THROUGH ADVANCED TECHNOLOGIES.
Section 503(c)(4) of title 23, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``Not later than 6 months after the
date of enactment of this paragraph, the'' and
inserting ``The'';
(B) by striking ``establish an advanced
transportation and congestion management technologies
deployment'' and inserting ``establish a safe,
efficient mobility through advanced technologies'';
(C) by inserting ``mobility,'' before
``efficiency,''; and
(D) by inserting ``environmental impacts,'' after
``system performance,'';
(2) in subparagraph (B)--
(A) by striking clause (i) and inserting the
following:
``(i) reduce costs, improve return on
investments, and improve person throughput and
mobility, including through the optimization of
existing transportation capacity;'';
(B) in clause (iv) by inserting ``bicyclist and''
before ``pedestrian'';
(C) in clause (vii) by striking ``; or'' and
inserting a semicolon;
(D) in clause (viii)--
(i) by striking ``accelerate'' and inserting
``prepare for''; and
(ii) by striking the period and inserting ``;
or''; and
(E) by adding at the end the following:
``(ix) reduce greenhouse gas emissions and
limit the effects of climate change.'';
(3) in subparagraph (C)--
(A) in clause (ii)(II)(aa) by striking ``congestion''
and inserting ``congestion and delays, greenhouse gas
emissions''; and
(B) by adding at the end the following:
``(iii) Considerations.--An application
submitted under this paragraph may include a
description of how the proposed project would
support the national goals described in section
150(b), the achievement of metropolitan and
statewide targets established under section
150(d), or the improvement of transportation
system access consistent with section 150(f),
including through--
``(I) the congestion and on-road
mobile-source emissions performance
measure established under section
150(c)(5); or
``(II) the greenhouse gas emissions
performance measure established under
section 150(c)(7).'';
(4) in subparagraph (D) by adding at the end the following:
``(iv) Prioritization.--In awarding a grant
under this paragraph, the Secretary shall
prioritize projects that, in accordance with
the criteria described in subparagraph (B)--
``(I) improve person throughput and
mobility, including through the
optimization of existing transportation
capacity;
``(II) deliver environmental
benefits;
``(III) reduce the number and
severity of traffic accidents and
increase driver, passenger, and
bicyclist and pedestrian safety; or
``(IV) reduce greenhouse gas
emissions.
``(v) Grant distribution.--The Secretary
shall award not fewer than 3 grants under this
paragraph based on the potential of the project
to reduce the number and severity of traffic
crashes and increase, driver, passenger, and
bicyclist and pedestrian safety.'';
(5) in subparagraph (E)--
(A) in clause (vi)--
(i) by inserting ``, vehicle-to-pedestrian,''
after ``vehicle-to-vehicle''; and
(ii) by inserting ``systems to improve
vulnerable road user safety,'' before
``technologies associated with'' ; and
(B) in clause (ix) by inserting ``, including
activities under section 5316 of title 49'' after
``disabled individuals'';
(6) by striking subparagraph (G) and inserting the following:
``(G) Reporting.--
``(i) Applicability of law.--The program
under this paragraph shall be subject to the
accountability and oversight requirements in
section 106(m).
``(ii) Report.--Not later than 1 year after
the date that the first grant is awarded under
this paragraph, and each year thereafter, the
Secretary shall make available to the public on
a website a report that describes the
effectiveness of grant recipients in meeting
their projected deployment plans, including
data provided under subparagraph (F) on how the
program has--
``(I) reduced traffic-related
fatalities and injuries;
``(II) reduced traffic congestion and
improved travel time reliability;
``(III) reduced transportation-
related emissions;
``(IV) optimized multimodal system
performance;
``(V) improved access to
transportation alternatives;
``(VI) provided the public with
access to real-time integrated traffic,
transit, and multimodal transportation
information to make informed travel
decisions;
``(VII) provided cost savings to
transportation agencies, businesses,
and the traveling public;
``(VIII) created or maintained
transportation jobs and supported
transportation workers; or
``(IX) provided other benefits to
transportation users and the general
public.
``(iii) Considerations.--If applicable, the
Secretary shall ensure that the activities
described in subclauses (I) and (IV) of clause
(ii) reflect--
``(I) any information described in
subparagraph (C)(iii) that is included
by an applicant; or
``(II) the project prioritization
guidelines under subparagraph
(D)(iv).'';
(7) in subparagraph (I) by striking ``(i) In general'' and
all that follows through ``the Secretary may set aside'' and
inserting ``Of the amounts made available to carry out this
paragraph, the Secretary may set aside'';
(8) in subparagraph (J) by striking the period at the end and
inserting ``, except that the Federal share of the cost of a
project for which a grant is awarded under this paragraph shall
not exceed 80 percent.'';
(9) in subparagraph (K) by striking ``amount described under
subparagraph (I)'' and inserting ``funds made available to
carry out this paragraph'';
(10) by striking subparagraph (M) and inserting the
following:
``(M) Grant flexibility.--If, by August 1 of each
fiscal year, the Secretary determines that there are
not enough grant applications that meet the
requirements described in subparagraph (C) to carry out
this paragraph for a fiscal year, the Secretary shall
transfer to the technology and innovation deployment
program--
``(i) any of the funds made available to
carry out this paragraph in a fiscal year that
the Secretary has not yet awarded under this
paragraph; and
``(ii) an amount of obligation limitation
equal to the amount of funds that the Secretary
transfers under clause (i).''; and
(11) in subparagraph (N)--
(A) in clause (i) by inserting ``an urbanized area
with'' before ``a population of''; and
(B) in clause (iii) by striking ``a any'' and
inserting ``any''.
SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.
(a) Use of Funds for ITS Activities.--Section 513(c)(1) of title 23,
United States Code, is amended by inserting ``greenhouse gas emissions
reduction,'' before ``and congestion management''.
(b) Goals and Purposes.--Section 514(a) of title 23, United States
Code, is amended--
(1) in paragraph (6) by striking ``national freight policy
goals'' and inserting ``national multimodal freight policy
goals and activities described in subtitle IX of title 49'';
(2) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) reduction of greenhouse gas emissions and mitigation of
the effects of climate change;''.
(c) General Authorities and Requirements.--Section 515(h) of title
23, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``20 members'' and inserting ``25
members'';
(B) in subparagraph (A) by striking ``State highway
department'' and inserting ``State department of
transportation'';
(C) in subparagraph (B) by striking ``local highway
department'' and inserting ``local department of
transportation'';
(D) by striking subparagraphs (E), (F), (G), (H),
(I), and (J) and inserting the following:
``(E) a private sector representative of the
intelligent transportation systems industry;
``(F) a representative from an advocacy group
concerned with safety, including bicycle and pedestrian
interests;
``(G) a representative from a labor organization;
and'';
(E) by redesignating subparagraph (K) as subparagraph
(H); and
(F) by striking subparagraph (L);
(2) in paragraph (3)--
(A) in subparagraph (A) by striking ``section 508''
and inserting ``section 6503 of title 49'';
(B) in subparagraph (B)--
(i) in clause (ii)--
(I) by inserting ``in both urban and
rural areas'' after ``by users''; and
(II) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (iii) by striking the period
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) assess how Federal transportation
resources, including programs under this title,
are being used to advance intelligent
transportation systems.''; and
(C) by adding at the end the following:
``(C) Convene not less frequently than twice each
year, either in person or remotely.'';
(3) in paragraph (4) by striking ``May 1'' and inserting
``April 1''; and
(4) in paragraph (5) by inserting ``, except that section 14
of such Act shall not apply'' before the period at the end.
(d) Research and Development.--Section 516(b) of title 23, United
States Code, is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) demonstrate reductions in greenhouse gas emissions;''.
SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND MOBILITY INNOVATION
CLEARINGHOUSE.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 5507. National highly automated vehicle and mobility innovation
clearinghouse
``(a) In General.--The Secretary shall make a grant to an institution
of higher education engaged in research on the secondary impacts of
highly automated vehicles and mobility innovation to--
``(1) operate a national highly automated vehicle and
mobility innovation clearinghouse;
``(2) collect, conduct, and fund research on the secondary
impacts of highly automated vehicles and mobility innovation;
``(3) make such research available on a public website; and
``(4) conduct outreach and dissemination of the information
described in this subsection to assist communities.
``(b) Definitions.--In this section:
``(1) Highly automated vehicle.--The term `highly automated
vehicle' means a motor vehicle that--
``(A) is capable of performing the entire task of
driving (including steering, accelerating and
decelerating, and reacting to external stimulus)
without human intervention; and
``(B) is designed to be operated exclusively by a
Level 3, Level 4, or Level 5 automated driving system
for all trips according to the recommended practice
standards published on June 15, 2018, by the Society of
Automotive Engineers International (J3016_201806) or
equivalent standards adopted by the Secretary with
respect to automated motor vehicles.
``(2) Mobility innovation.--The term `mobility innovation'
means an activity described in section 5316, including mobility
on demand and mobility as a service (as such terms are defined
in such section).
``(3) Institution of higher education .--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(4) Secondary impacts.--The term `secondary impacts' means
the impacts on land use, urban design, transportation, real
estate, accessibility, municipal budgets, social equity,
availability and quality of jobs, and the environment.''.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by inserting after the item relating to
section 5506, as added by this Act, the following:
``5507. National highly automated vehicle and mobility innovation
clearinghouse.''.
(c) Deadline for Clearinghouse.--The Secretary of Transportation
shall ensure that the institution of higher education that receives the
grant described in section 5507(a)(1) of title 49, United States Code,
as added by subsection (a), shall establish the national highly
automated vehicle clearinghouse described in such section not later
than 180 days after the date of enactment of this Act.
SEC. 5304. STUDY ON SAFE INTERACTIONS BETWEEN AUTOMATED VEHICLES AND
ROAD USERS.
(a) Purpose.--The purpose of this section shall be to ensure that the
increasing deployment of automated vehicles does not jeopardize the
safety of road users.
(b) Study.--
(1) Establishment.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Transportation shall
initiate a study on the ability of automated vehicles to safely
interact with other road users.
(2) Contents.--In carrying out the study under paragraph (1),
the Secretary shall--
(A) examine the ability of automated vehicles to
safely interact with general road users, including
vulnerable road users;
(B) identify barriers to improving the safety of
interactions between automated vehicles and general
road users; and
(C) issue recommendations to improve the safety of
interactions between automated vehicles and general
road users, including, at a minimum--
(i) technology advancements with the
potential to facilitate safer interactions
between automated vehicles and general road
users given the safety considerations in
paragraph (3);
(ii) road user public awareness; and
(iii) improvements to transportation planning
and road design.
(3) Considerations.--In carrying out the study under
paragraph (1), the Secretary shall take into consideration
whether automated vehicles can safely operate within the
surface transportation system, including--
(A) the degree to which ordinary human behaviors make
it difficult for an automated vehicle to safely,
reliably predict human actions;
(B) unique challenges for automated vehicles in urban
and rural areas;
(C) the degree to which an automated vehicle is
capable of uniformly recognizing and responding to
individuals with disabilities and individuals of
different sizes, ages, races, and other varying
characteristics;
(D) for bicyclist, motorcyclist, and pedestrian road
users--
(i) the varying and non-standardized nature
of bicyclist and pedestrian infrastructure in
different locations;
(ii) the close proximity to motor vehicles
within which bicyclists often operate,
including riding in unprotected bike lanes and
crossing lanes to make a left turn, and the
risk of such close proximity; and
(iii) roadways that lack marked bicyclist
infrastructure, particularly in midsized and
rural areas, on which bicyclists often operate;
(E) for motorcyclist road users, the close proximity
to other motor vehicles within which motorcyclists
operate, including lane splitting; and
(F) depending on the level of automation of the
vehicle, the degree to which human intervention remains
necessary to safely operate an automated vehicle to
ensure the safety of general road users in
circumstances including--
(i) dangerous weather;
(ii) an electronic or system malfunction of
the automated vehicle; and
(iii) a cybersecurity threat to the operation
of the vehicle.
(4) Public comment.--Before conducting the study under
paragraph (1), the Secretary shall provide an opportunity for
public comment on the study proposal.
(c) Working Group.--
(1) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall
establish a working group to assist in the development of the
study and recommendations under subsection (b).
(2) Membership.--The working group established under
paragraph (1) shall include representation from--
(A) the National Highway Traffic Safety
Administration;
(B) State departments of transportation;
(C) local governments (other than metropolitan
planning organizations, as such term is defined in
section 134(b) of title 23, United States Code);
(D) transit agencies;
(E) metropolitan planning organizations (as such term
is defined in section 134(b) of title 23, United States
Code);
(F) bicycle and pedestrian safety groups;
(G) highway and automobile safety groups;
(H) truck safety groups;
(I) law enforcement officers and first responders;
(J) motor carriers and independent owner-operators;
(K) the road construction industry;
(L) labor organizations;
(M) academic experts on automated vehicle
technologies;
(N) manufacturers and developers of both passenger
and commercial automated vehicles;
(O) a motorcyclist rights group; and
(P) other industries and entities as the Secretary
determines appropriate.
(3) Duties.--The working group established under paragraph
(1) shall assist the Secretary by, at a minimum--
(A) assisting in the development of the scope of the
study under subsection (b);
(B) reviewing the data and analysis from such study;
(C) provide ongoing recommendations and feedback to
ensure that such study reflects the contents described
in paragraphs (2) and (3) of subsection (b); and
(D) providing input to the Secretary on
recommendations required under subsection (b)(2)(C).
(4) Applicability of the federal advisory committee act.--The
working group under this subsection shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.), except that
section 14 of such Act shall not apply.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Transportation shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate, and make publicly available, the study initiated under
subsection (b), including recommendations for ensuring that automated
vehicles safely interact with general road users.
(e) Definitions.--In this section:
(1) Automated vehicle.--The term ``automated vehicle'' means
a motor vehicle equipped with Level 3, Level 4, or Level 5
automated driving systems for all trips according to the
recommended practice standards published on June 15, 2018 by
the Society of Automotive Engineers International
(J3016_201806) or equivalent standards adopted by the Secretary
with respect to automated motor vehicles.
(2) General road users.--The term ``general road users''
means--
(A) motor vehicles driven by individuals;
(B) bicyclists and pedestrians;
(C) motorcyclists;
(D) workers in roadside construction zones;
(E) emergency response vehicles, including first
responders;
(F) vehicles providing local government services,
including street sweepers and waste collection
vehicles;
(G) law enforcement officers;
(H) personnel who manually direct traffic, including
crossing guards;
(I) users of shared micromobility (including
bikesharing and shared scooter systems); and
(J) other road users that may interact with automated
vehicles, as determined by the Secretary of
Transportation.
(3) Vulnerable road user.--The term ``vulnerable road user''
has the meaning given such term in section 148(a) of title 23,
United States Code.
SEC. 5305. NONTRADITIONAL AND EMERGING TRANSPORTATION TECHNOLOGY
COUNCIL.
(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 118. Nontraditional and Emerging Transportation Technology
Council
``(a) Establishment.--The Secretary of Transportation shall establish
a Nontraditional and Emerging Transportation Technology Council
(hereinafter referred to as the `Council') in accordance with this
section.
``(b) Membership.--
``(1) In general.--The Council shall be composed of the
following officers of the Department of Transportation:
``(A) The Secretary of Transportation.
``(B) The Deputy Secretary of Transportation.
``(C) The Under Secretary of Transportation for
Policy.
``(D) The General Counsel of the Department of
Transportation.
``(E) The Chief Information Officer of the Department
of Transportation.
``(F) The Assistant Secretary for Research and
Technology.
``(G) The Assistant Secretary for Budget and
Programs.
``(H) The Administrator of the Federal Aviation
Administration.
``(I) The Administrator of the Federal Highway
Administration.
``(J) The Administrator of the Federal Motor Carrier
Safety Administration.
``(K) The Administrator of the Federal Railroad
Administration.
``(L) The Administrator of the Federal Transit
Administration.
``(M) The Administrator of the Federal Maritime
Administration.
``(N) The Administrator of the National Highway
Traffic Safety Administration.
``(O) The Administrator of the Pipeline and Hazardous
Materials Safety Administration.
``(2) Additional members.--The Secretary may designate
additional members of the Department to serve as at-large
members of the Council.
``(3) Chair and vice chair.--The Secretary may designate
officials to serve as the Chair and Vice Chair of the Council
and of any working groups of the Council.
``(c) Duties.--The Council shall--
``(1) identify and resolve any jurisdictional or regulatory
gaps or inconsistencies associated with nontraditional and
emerging transportation technologies, modes, or projects
pending or brought before the Department to eliminate, so far
as practicable, impediments to the prompt and safe deployment
of new and innovative transportation technology, including with
respect to safety regulation and oversight, environmental
review, and funding issues;
``(2) coordinate the Department's internal oversight of
nontraditional and emerging transportation technologies, modes,
or projects and engagement with external stakeholders;
``(3) within applicable statutory authority other than this
paragraph, develop and establish department-wide processes,
solutions, and best practices for identifying, managing and
resolving issues regarding emerging transportation
technologies, modes, or projects pending or brought before the
Department; and
``(4) carry out such additional duties as the Secretary may
prescribe, to the extent consistent with this title, including
subsections (f)(2) and (g) of section 106.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code, is amended by adding at the end the following:
``118. Nontraditional and Emerging Transportation Technology
Council.''.
SEC. 5306. HYPERLOOP TRANSPORTATION.
(a) In General.--Not later than 6 months after the date of enactment
of this Act, the Secretary of Transportation, acting through the
Nontraditional and Emerging Transportation Technology Council of the
Department of Transportation, shall issue guidance to provide a clear
regulatory framework for the safe deployment of hyperloop
transportation.
(b) Elements.--In developing the guidance under subsection (a), the
Council shall--
(1) consider safety, oversight, environmental, project
delivery, and other regulatory requirements prescribed by
various modal administrations in the Department;
(2) clearly delineate between relevant authorities with
respect to hyperloop transportation in the Department and
provide project sponsors with a single point of access to the
Department to inquire about projects, plans, and proposals;
(3) establish clear, coordinated procedures for the
regulation of hyperloop transportation projects; and
(4) develop and establish department-wide processes,
solutions, and best practices for identifying, managing, and
resolving matters regarding hyperloop transportation subject to
the Department's jurisdiction.
SEC. 5307. SURFACE TRANSPORTATION WORKFORCE RETRAINING GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish a
program to make grants to eligible entities to develop a curriculum for
and establish transportation workforce training programs in urban and
rural areas to train, upskill, and prepare surface transportation
workers, whose jobs may be changed or worsened by automation, who have
been separated from their jobs, or who have received notice of
impending job loss, as a result of being replaced by automated driving
systems.
(b) Eligible Entities.--The following entities shall be eligible to
receive grants under this section:
(1) Institutions of higher education.
(2) Consortia of institutions of higher education.
(3) Trade associations.
(4) Nongovernmental stakeholders.
(5) Organizations with a demonstrated capacity to develop and
provide career ladder programs through labor-management
partnerships and apprenticeships on a nationwide basis.
(c) Limitation on Awards.--An entity may only receive one grant per
fiscal year under this section for an amount determined appropriate by
the Secretary.
(d) Use of Funds.--
(1) In general.--A recipient of a grant under this section
may only use grant amounts for developing and carrying out
direct surface transportation workforce retraining programs,
including--
(A) testing of new roles for existing jobs, including
mechanical work, diagnostic work, and fleet operations
management;
(B) coursework or curricula through which
participants may pursue a degree or certification;
(C) direct worker training or train-the-trainer type
programs in support of surface transportation workers
displaced by automated vehicles; or
(D) training and upskilling workers, including
current drivers and maintenance technicians, for
positions directly related to automated vehicle
operations.
(2) Limitation.--Funds made available under this section may
not be used in support of programs to evaluate the
effectiveness of automated vehicle technologies.
(e) Selection Criteria.--The Secretary shall select recipients of
grants under this section based on the following criteria:
(1) Demonstrated research resources available to the
applicant for carrying out this section.
(2) Capability of the applicant to develop curricula in the
training or retraining of individuals described in subsection
(a) as a result of automated vehicles.
(3) Demonstrated commitment of the recipient to carry out a
surface transportation workforce development program through
degree-granting programs or programs that provide other
industry-recognized credentials.
(4) The ability of the applicant to fulfill the purposes
under subsection (a).
(f) Eligibility.--An applicant is only eligible for a grant under
this section if such applicant--
(1) has an established surface transportation workforce
development program;
(2) has expertise in solving surface transportation problems
through research, training, education, and technology;
(3) actively shares information and results with other
surface transportation workforce development programs with
similar objectives;
(4) has experience in establishing, developing and
administering a surface transportation-related apprenticeship
or training program with at least 5 years of demonstrable
results; and
(5) agrees to make all curricula, research findings, or other
materials developed using grant funding under this section
publicly available.
(g) Federal Share.--
(1) In general.--The Federal share of a grant under this
section shall be a dollar for dollar match of the costs of
establishing and administering the retraining program and
related activities carried out by the grant recipient or
consortium of grant recipients.
(2) Availability of funds.--For a recipient of a grant under
this section carrying out activities under such grant in
partnership with a public transportation agency that is
receiving funds under sections 5307, 5337, or 5339 of title 49,
United States Code, not more than 0.5 percent of amounts made
available under any such section may qualify as the non-Federal
share under paragraph (1).
(h) Reporting.--Not later than 60 days after grants are awarded in
any fiscal year under this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committees on Commerce, Science, and
Transportation, Banking, Housing, and Urban Affairs, and Environment
and Public Works of the Senate, and make publicly available, a report
describing the activities and effectiveness of the program under this
section.
(1) Transparency.--The report under this subsection shall
include the following information on activities carried out
under this section:
(A) A list of all grant recipients under this
section.
(B) An explanation of why each recipient was chosen
in accordance with the selection criteria under
subsection (e) and the eligibility requirements under
subsection (f).
(C) A summary of activities carried out by each
recipient and an analysis of the progress of such
activities toward achieving the purposes under
subsection (a).
(D) An accounting for the use of Federal funds
expended in carrying out this section.
(E) An analysis of outcomes of the program under this
section.
(2) Training information.--The report shall include the
following data on surface transportation workforce training:
(A) The sectors of the surface transportation system
from which workers are being displaced.
(B) The skills and professions for which workers are
being retrained.
(C) How many workers have benefitted from the grant
award.
(D) Relevant demographic information of impacted
workers.
(i) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(2) Automated vehicle.--The term ``automated vehicle'' means
a motor vehicle that--
(A) is capable of performing the entire task of
driving (including steering, accelerating, and
decelerating, and reacting to external stimulus)
without human intervention; and
(B) is designed to be operated exclusively by a Level
4 or Level 5 automated driving system for all trips
according to the recommended practice standards
published on June 15, 2018, by the Society of
Automotive Engineers International (J3016_201806) or
equivalent standards adopted by the Secretary with
respect to automated motor vehicles.
(3) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302 of title 49, United States Code.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 for each of fiscal years 2022 through 2025 to carry
out this section.
(2) Availability of amounts.--Amounts made available to the
Secretary to carry out this section shall remain available for
a period of 3 years after the last day of the fiscal year for
which the amounts are authorized.
SEC. 5308. THIRD-PARTY DATA INTEGRATION PILOT PROGRAM.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall establish and
implement a pilot program (in this section referred to as the
``program'') to leverage anonymous crowdsourced data from third-party
entities to improve transportation management capabilities and
efficiency on Federal-aid highways.
(b) Goals.--The goals of the program include the utilization of
anonymous crowdsourced data from third parties to implement integrated
traffic management systems which leverage real-time data to provide
dynamic and efficient traffic-flow management for purposes of--
(1) adjusting traffic light cycle times to optimize traffic
management and decrease congestion;
(2) expanding or contracting lane capacity to meet traffic
demand;
(3) enhancing traveler notification of service conditions;
(4) prioritizing high-priority vehicles such as emergency
response and law enforcement within the transportation system;
and
(5) any other purposes which the Secretary deems an
appropriate use of anonymous user data.
(c) Partnership.--In carrying out the program, the Secretary is
authorized to enter into agreements with public and private sector
entities to accomplish the goals listed in subsection (b).
(d) Data Privacy and Security.--The Secretary shall ensure the
protection of privacy for all sources of data utilized in the program,
promoting cybersecurity to prevent hacking, spoofing, and disruption of
connected and automated transportation systems.
(e) Program Locations.--In carrying out the program, the Secretary
shall initiate programs in a variety of areas, including urban,
suburban, rural, tribal, or any other appropriate settings.
(f) Best Practices.--Not later than 3 years after date of enactment
of this Act, the Secretary shall publicly make available best practices
to leverage private user data to support improved transportation
management capabilities and efficiency, including--
(1) legal considerations when acquiring private user data for
public purposes; and
(2) protecting privacy and security of individual user data.
(g) Report.--The Secretary shall annually submit a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report detailing--
(1) a description of the activities carried out under the
pilot program;
(2) an evaluation of the effectiveness of the pilot program
in meeting goals descried in subsection (b);
(3) policy recommendations to improve integration of systems
between public and private entities; and
(4) a description of costs associated with equipping and
maintaining systems.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out the program.
(i) Sunset.--On a date that is 5 years after the enactment of this
Act, this program shall cease to be effective.
SEC. 5309. THIRD-PARTY DATA PLANNING INTEGRATION PILOT PROGRAM.
(a) In General.--Not later than 180 days after enactment of this Act,
the Secretary of Transportation shall establish and implement a pilot
program (in this section referred to as the ``program'') to leverage
anonymous crowdsourced data from third-party entities to improve
transportation management capabilities and efficiency on Federal-aid
highways.
(b) Goals.--The goals of the program include the utilization of
anonymous crowdsourced data from third parties to--
(1) utilize private-user data to inform infrastructure
planning decisions for the purposes of--
(A) reducing congestion;
(B) decreasing miles traveled;
(C) increasing safety;
(D) improving freight efficiency;
(E) enhancing environmental conditions; and
(F) other purposes as the Secretary deems necessary.
(c) Partnership.--In carrying out the program, the Secretary is
authorized to enter into agreements with public and private sector
entities to accomplish the goals listed in subsection (b).
(d) Data Privacy and Security.--The Secretary shall ensure the
protection of privacy for all sources of data utilized in the program,
promoting cybersecurity to prevent hacking, spoofing, and disruption of
connected and automated transportation systems.
(e) Program Locations.--In carrying out the program, the Secretary
shall initiate programs in a variety of areas, including urban,
suburban, rural, tribal, or any other appropriate settings.
(f) Best Practices.--Not later than 3 years after date of enactment
of this Act, the Secretary shall publicly make available best practices
to leverage private user data to support improved transportation
management capabilities and efficiency, including--
(1) legal considerations when acquiring private user data for
public purposes; and
(2) protecting privacy and security of individual user data.
(g) Report.--The Secretary shall annually submit a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report detailing--
(1) a description of the activities carried out under the
pilot program;
(2) an evaluation of the effectiveness of the pilot program
in meeting goals descried in subsection (b);
(3) policy recommendations to improve the implementation of
anonymous crowdsourced data into planning decisions.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out the program.
(i) Sunset.--On a date that is 5 years after the enactment of this
Act, this program shall cease to be effective.
Subtitle D--Surface Transportation Funding Pilot Programs
SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM FUNDING PILOTS.
Section 6020 of the FAST Act (23 U.S.C. 503 note) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Eligibility.--
``(1) Application.--To be eligible for a grant under this
section, a State or group of States shall submit to the
Secretary an application in such form and containing such
information as the Secretary may require.
``(2) Eligible projects.--The Secretary may provide grants to
States or a group of States under this section for the
following projects:
``(A) State pilot projects.--
``(i) In general.--A pilot project to
demonstrate a user-based alternative revenue
mechanism in a State.
``(ii) Limitation.--If an applicant has
previously been awarded a grant under this
section, such applicant's proposed pilot
project must be comprised of core activities or
iterations not substantially similar in manner
or scope to activities previously carried out
by the applicant with a grant for a project
under this section.
``(B) State implementation projects.--A project--
``(i) to implement a user-based alternative
revenue mechanism that collects revenue to be
expended on projects for the surface
transportation system of the State; or
``(ii) that demonstrates progress towards
implementation of a user-based alternative
revenue mechanism, with consideration for
previous grants awarded to the applicant under
this section.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``2 or more
future''; and
(B) by adding at the end the following:
``(6) To test solutions to ensure the privacy and security of
data collected for the purpose of implementing a user-based
alternative revenue mechanism.'';
(3) in subsection (d) by striking ``to test the design,
acceptance, and implementation of a user-based alternative
revenue mechanism'' and inserting ``to test the design and
acceptance of, or implement, a user-based alternative revenue
mechanism'';
(4) in subsection (g) by striking ``50 percent'' and
inserting ``80 percent'';
(5) in subsection (i)--
(A) in the heading by striking ``Biennial'' and
inserting ``Annual'';
(B) by striking ``2 years after the date of enactment
of this Act'' and inserting ``1 year after the date of
enactment of the INVEST in America Act'';
(C) by striking ``every 2 years thereafter'' and
inserting ``every year thereafter''; and
(D) by inserting ``and containing a determination of
the characteristics of the most successful mechanisms
with the highest potential for future widespread
deployment'' before the period at the end; and
(6) by striking subsections (j) and (k) and inserting the
following:
``(j) Funding.--Of amounts made available to carry out this section--
``(1) for fiscal year 2022, $17,500,000 shall be used to
carry out projects under subsection (b)(2)(A) and $17,5000,000
shall be used to carry out projects under subsection (b)(2)(B);
``(2) for fiscal year 2023, $15,000,000 shall be used to
carry out projects under subsection (b)(2)(A) and $20,000,000
shall be used to carry out projects under subsection (b)(2)(B);
``(3) for fiscal year 2024, $12,500,000 shall be used to
carry out projects under subsection (b)(2)(A) and $22,500,000
shall be used to carry out projects under subsection (b)(2)(B);
and
``(4) for fiscal year 2025, $10,000,000 shall be used to
carry out projects under subsection (b)(2)(A) and $25,000,000
shall be used to carry out projects under subsection (b)(2)(B).
``(k) Funding Flexibility.--Funds made available in a fiscal year for
making grants for projects under subsection (b)(2) that are not
obligated in such fiscal year may be made available in the following
fiscal year for projects under such subsection or for the national
surface transportation system funding pilot under section 5402 of the
INVEST in America Act.''.
SEC. 5402. NATIONAL SURFACE TRANSPORTATION SYSTEM FUNDING PILOT.
(a) Establishment.--
(1) In general.--The Secretary of Transportation, in
coordination with the Secretary of the Treasury, shall
establish a pilot program to demonstrate a national motor
vehicle per-mile user fee to restore and maintain the long-term
solvency of the Highway Trust Fund and achieve and maintain a
state of good repair in the surface transportation system.
(2) Objectives.--The objectives of the pilot program are to--
(A) test the design, acceptance, implementation, and
financial sustainability of a national per-mile user
fee;
(B) address the need for additional revenue for
surface transportation infrastructure and a national
per-mile user fee; and
(C) provide recommendations regarding adoption and
implementation of a national per-mile user fee.
(b) Parameters.--In carrying out the pilot program established under
subsection (a), the Secretary of Transportation, in coordination with
the Secretary of the Treasury, shall--
(1) provide different methods that volunteer participants can
choose from to track motor vehicle miles traveled;
(2) solicit volunteer participants from all 50 States and the
District of Columbia;
(3) ensure an equitable geographic distribution by population
among volunteer participants;
(4) include commercial vehicles and passenger motor vehicles
in the pilot program; and
(5) use components of, and information from, the States
selected for the State surface transportation system funding
pilot program under section 6020 of the FAST Act (23 U.S.C. 503
note).
(c) Methods.--
(1) Tools.--In selecting the methods described in subsection
(b)(1), the Secretary of Transportation shall coordinate with
entities that voluntarily provide to the Secretary for use in
the program any of the following vehicle-miles-traveled
collection tools:
(A) Third-party on-board diagnostic (OBD-II) devices.
(B) Smart phone applications.
(C) Telemetric data collected by automakers.
(D) Motor vehicle data obtained by car insurance
companies.
(E) Data from the States selected for the State
surface transportation system funding pilot program
under section 6020 of the FAST Act (23 U.S.C. 503
note).
(F) Motor vehicle data obtained from fueling
stations.
(G) Any other method that the Secretary considers
appropriate.
(2) Coordination.--
(A) Selection.--The Secretary shall determine which
methods under paragraph (1) are selected for the pilot
program.
(B) Volunteer participants.--In a manner that the
Secretary considers appropriate, the Secretary shall
provide each selected method to each volunteer
participant.
(d) Per-Mile User Fees.--For the purposes of the pilot program
established in subsection (a), the Secretary of the Treasury shall
establish on an annual basis--
(1) for passenger vehicles and light trucks, a per-mile user
fee that is equivalent to--
(A) the average annual taxes imposed by sections 4041
and 4081 of the Internal Revenue Code of 1986 with
respect to gasoline or any other fuel used in a motor
vehicle (other than aviation gasoline or diesel),
divided by
(B) the total vehicle miles traveled by passenger
vehicles and light trucks; and
(2) for medium- and heavy-duty trucks, a per-mile user fee
that is equivalent to--
(A) the average annual taxes imposed by sections 4041
and 4081 of such Code with respect to diesel fuel,
divided by
(B) the total vehicle miles traveled by medium- and
heavy-duty trucks.
Taxes shall only be taken into account under the preceding
sentence to the extent taken into account in determining
appropriations to the Highway Trust Fund under section 9503(b)
of such Code, and the amount so determined shall be reduced to
account for transfers from such fund under paragraphs (3), (4),
and (5) of section 9503(c) of such Code.
(e) Volunteer Participants.--The Secretary of Transportation, in
coordination with the Secretary of the Treasury, shall--
(1) ensure, to the extent practicable, that an appropriate
number of volunteer participants participate in the pilot
program; and
(2) issue policies to--
(A) protect the privacy of volunteer participants;
and
(B) secure the data provided by volunteer
participants.
(f) Advisory Board.--
(1) In general.--The Secretary shall establish an advisory
board to assist with--
(A) advancing and implementing the pilot program
under this section;
(B) carrying out the public awareness campaign under
subsection (g); and
(C) developing the report under subsection (m).
(2) Members.--The advisory board shall, at a minimum, include
the following entities, to be appointed by the Secretary--
(A) State departments of transportation;
(B) any public or nonprofit entity that led a surface
transportation system funding alternatives pilot
project under section 6020 of the FAST Act (23 U.S.C.
503 note; Public Law 114-94) (as in effect on the day
before the date of enactment of this Act);
(C) representatives of the trucking industry,
including owner-operator independent drivers;
(D) data security experts; and
(E) academic experts on surface transportation.
(g) Public Awareness Campaign.--
(1) In general.--The Secretary of Transportation, with
guidance from the advisory board under subsection (f), may
carry out a public awareness campaign to increase public
awareness regarding a national per-mile user fee, including
distributing information related to the pilot program carried
out under this section, information from the State surface
transportation system funding pilot program under section 6020
of the FAST Act (23 U.S.C. 503 note).
(2) Considerations.--In carrying out the public awareness
campaign under this subsection, the Secretary shall consider
issues unique to each State.
(h) Revenue Collection.--The Secretary of the Treasury, in
coordination with the Secretary of Transportation, shall establish a
mechanism to collect per-mile user fees established under subsection
(d) from volunteer participants. Such mechanism--
(1) may be adjusted as needed to address technical
challenges; and
(2) may allow third-party vendors to collect the per-mile
user fees and forward such fees to the Treasury.
(i) Agreement.--The Secretary of Transportation may enter into an
agreement with a volunteer participant containing such terms and
conditions as the Secretary considers necessary for participation in
the pilot program.
(j) Limitation.--Any revenue collected through the mechanism
established in subsection (h) shall not be considered a toll under
section 301 of title 23, United States Code.
(k) Highway Trust Fund.--The Secretary of the Treasury shall ensure
that any revenue collected under subsection (g) is deposited into the
Highway Trust Fund.
(l) Refund.--Not more than 45 days after the end of each calendar
quarter in which a volunteer participant has participated in the pilot
program, the Secretary of the Treasury shall calculate and issue an
equivalent refund to volunteer participants for applicable Federal
motor fuel taxes under section 4041 and section 4081 of the Internal
Revenue Code of 1986, the applicable battery tax under section 4111 of
such Code, or both, if applicable.
(m) Report to Congress.--Not later than 1 year after the date on
which volunteer participants begin participating in the pilot program,
and each year thereafter for the duration of the pilot program, the
Secretary of Transportation and the Secretary of the Treasury 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 an analysis of--
(1) whether the objectives described in subsection (a)(2)
were achieved;
(2) how volunteer protections in subsection (e)(2) were
complied with; and
(3) whether per-mile user fees can maintain the long-term
solvency of the Highway Trust Fund and achieve and maintain a
state of good repair in the surface transportation system.
(n) Sunset.--The pilot program established under this section shall
expire on the date that is 4 years after the date on which volunteer
participants begin participating in such program.
(o) Definitions.--In this section, the following definitions apply:
(1) Commercial vehicle.--The term ``commercial vehicle'' has
the meaning given the term commercial motor vehicle in section
31101 of title 49, United States Code.
(2) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established under section 9503 of
the Internal Revenue Code of 1986.
(3) Light truck.--The term ``light truck'' has the meaning
given the term in section 523.2 of title 49, Code of Federal
Regulations.
(4) Medium- and heavy-duty truck.--The term ``medium- and
heavy-duty truck'' has the meaning given the term ``commercial
medium- and heavy-duty on-highway vehicle'' in section 32901(a)
of title 49, United States Code.
(5) 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.
(6) Volunteer participant.--The term ``volunteer
participant'' means--
(A) an owner or lessee of an individual private motor
vehicle who volunteers to participate in the pilot
program;
(B) a commercial vehicle operator who volunteers to
participate in the pilot program; or
(C) an owner of a motor vehicle fleet who volunteers
to participate in the pilot program.
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 3 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 research topics for further development and
best practices to improve seating.
(3) 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. 5508. 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 2022 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 2022 through 2026.''.
(b) Clerical Amendment.--The table of sections for chapter 55 of
subtitle III of title 49, United States Code, is further amended by
inserting after the item relating to section 5507, as added by this
Act, the following:
``5508. Transportation workforce outreach program.''.
SEC. 5504. CERTIFICATION ON ENSURING NO HUMAN RIGHTS ABUSES.
(a) Findings.--Congress finds the following:
(1) According to the International Energy Agency--
(A) electric cars require significant amounts of
copper, lithium, nickel, manganese, rare earth
elements, platinum group elements, and cobalt; and
(B) the top producer of cobalt is the Democratic
Republic of the Congo.
(2) UNICEF and Amnesty International estimate that 40,000
boys and girls work in mines across the Democratic Republic of
the Congo for up to 12 hours a day and earn no more than 2
dollars a day.
(3) The boys and girls working in mines in the Democratic
Republic of the Congo do not attend school, they are beaten by
security guards, and they are exposed to high levels of cobalt,
but are not issued protective equipment.
(b) Certification.--The Secretary of Commerce shall certify that no
funds for programs related to reducing green house gas emissions under
this title and the amendments made by this title are used for minerals
sourced or processed with child labor, as such term is defined in
Article 3 of the International Labor Organization Convention concerning
the prohibition and immediate action for the elimination of the worst
forms of child labor (December 2, 2000), or in violation of human
rights.
TITLE 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'';
(2) in subsection (c)--
(A) in paragraph (1) 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. LOCAL HIRE.
(a) Establishment.--The Secretary of Transportation shall immediately
reinstate the local labor hiring pilot program containing the
contracting initiative established by the Secretary and published in
the Federal Register on March 6, 2015 (80 Fed. Reg. 12257), under the
same terms, conditions, and requirements as so published.
(b) Duration.--The Secretary shall continue the local labor hiring
pilot program reinstated under this section through September 30, 2025.
SEC. 6009. FTE CAP.
The Secretary of Transportation may not employ more than 15 full-time
equivalent positions in any fiscal year in the Immediate Office of the
Secretary.
SEC. 6010. IDENTIFICATION OF COVID-19 TESTING NEEDS OF CRITICAL
INFRASTRUCTURE EMPLOYEES.
(a) In General.--The Secretary of Transportation shall--
(1) adopt, for use by the Department of Transportation in
carrying out response efforts relating to, and operations
during, the Coronavirus Disease 2019 (COVID-19) pandemic, the
categorization of ``essential critical infrastructure workers''
identified in the Guidance on the Essential Critical
Infrastructure Workforce published by the Department of
Homeland Security on March 28, 2020 (or a subsequent version of
such guidance); and
(2) coordinate with the Director of the Centers for Disease
Control and Prevention and the Administrator of the Federal
Emergency Management Agency to support efforts of State and
local governments to provide for--
(A) priority testing of essential critical
infrastructure workers (as such term is used in
paragraph (1)) with respect to COVID-19; and
(B) priority access to personal protective equipment,
sanitizers, nonmedical-grade facial coverings, and
other health-related or protective supplies necessary
to safely perform essential critical infrastructure
work.
(b) Application.--Nothing in this section requires the provision of
priority testing or priority access to personal protective equipment
for essential critical infrastructure workers (as such term is used in
subsection (a)(1)) to be prioritized over the provision of that testing
or access to personal protective equipment for other individuals who
are identified by the Centers for Disease Control and Prevention or any
other relevant Federal, State, or local agency as having a higher
priority for that testing or access to personal protective equipment,
including--
(1) patients;
(2) healthcare workers; and
(3) first responders.
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) 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.''.
(c) 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).''.
(d) 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.''.
(e) 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''.
(f) 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).''.
(g) 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 2020''.
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) $67,000,000 for fiscal year 2021;
``(2) $68,000,000 for fiscal year 2022;
``(3) $69,000,000 for fiscal year 2023;
``(4) $71,000,000 for fiscal year 2024; and
``(5) $72,000,000 for fiscal year 2025;'';
(2) in subsection (b)--
(A) by striking ``fiscal years 2016 through 2020''
and inserting ``fiscal years 2021 through 2025''; and
(B) by striking ``$21,988,000'' and inserting
``$24,025,000'';
(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 2021 through 2025'';
(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 2021 through 2025'';
(5) by redesignating subsection (e) as subsection (f); and
(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 2021 through 2025 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.''.
SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS BY RAIL TANK CAR.
(a) Evaluation.--Not later than 120 days after the date of enactment
of this Act, the Administrator of the Federal Railroad Administration,
in coordination with the Administrator of the Pipeline and Hazardous
Materials Safety Administration, shall initiate an evaluation of the
safety, security, and environmental risks of transporting liquefied
natural gas by rail.
(b) Testing.--In conducting the evaluation under subsection (a), the
Administrator of the Federal Railroad Administration shall--
(1) perform physical testing of rail tank cars, including, at
a minimum, the DOT-113 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 3 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.
(c) Other Factors To Consider.--In conducting the evaluation under
subsection (a), the Administrator of the Federal Railroad
Administration 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 benefits of route restrictions, speed restrictions,
enhanced brake requirements, personnel requirements, rail tank
car technological requirements, and other operating controls;
(2) the advisability 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.
(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 available to the public--
(1) a report based on the evaluation and testing conducted
under subsections (a) and (b), 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.
(e) 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
(a).
(f) GAO Report.--After the evaluation required by subsection (a) has
been completed, the Comptroller General of the United States 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.
(g) Congressional Review Requirements.--
(1) Review period defined.--In this subsection, the term
``review period'' means the period beginning on the date of
enactment of this Act and ending on the earlier of--
(A) the date that is 1 year after the date of
completion of the report under subsection (f); or
(B) the date that is 4 years after the date of
enactment of this Act.
(2) Congressional authority.--The Secretary of
Transportation--
(A) may not issue any regulation authorizing the
transportation of liquefied natural gas by rail tank
car or authorize such transportation through issuance
of a special permit or approval before the conclusion
of the review period; and
(B) 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.
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 make grants to nonprofit organizations to develop
hazardous materials response training for emergency responders and make
such training available electronically or in person.''.
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 for the use of Amtrak for
activities associated with the Northeast Corridor the following
amounts:
(A) For fiscal year 2021, $2,900,000,000.
(B) For fiscal year 2022, $2,700,000,000.
(C) For fiscal year 2023, $2,500,000,000.
(D) For fiscal year 2024, $2,500,000,000.
(E) For fiscal year 2025, $2,500,000,000.
(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 2021, $3,500,000,000.
(B) For fiscal year 2022, $3,300,000,000.
(C) For fiscal year 2023, $3,100,000,000.
(D) For fiscal year 2024, $2,900,000,000.
(E) For fiscal year 2025, $2,900,000,000.
(b) Project Management Oversight.--The Secretary may withhold up to
$15,000,000 for each of fiscal years 2021 through 2025 from the amounts
made available under subsection (a) for Amtrak grant expenditure
oversight.
(c) Amtrak Common Benefit Costs for State-supported Routes.--For any
fiscal year in which 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 (114-94), Amtrak shall use up to $300,000,000
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.
(d) State-Supported Route Committee.--Of the funds made available
under subsection (a)(2), the Secretary may make available up to
$3,000,000 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 2021, $26,500,000.
(2) For fiscal year 2022, $27,000,000.
(3) For fiscal year 2023, $27,500,000.
(4) For fiscal year 2024, $28,000,000.
(5) For fiscal year 2025, $28,500,000.
(g) Passenger Rail Improvement, Modernization, and Enhancement
Grants.--There are authorized to be appropriated to the Secretary to
carry out section 22906 of title 49, United States Code, the following
amounts:
(1) For fiscal year 2021, $3,800,000,000.
(2) For fiscal year 2022, $3,800,000,000.
(3) For fiscal year 2023, $3,800,000,000.
(4) For fiscal year 2024, $3,800,000,000.
(5) For fiscal year 2025, $3,800,000,000.
(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 2021, $1,400,000,000.
(B) For fiscal year 2022, $1,400,000,000.
(C) For fiscal year 2023, $1,400,000,000.
(D) For fiscal year 2024, $1,400,000,000.
(E) For fiscal year 2025, $1,400,000,000.
(2) Project management oversight.--The Secretary may withhold
up to 1 percent from the amount appropriated under paragraph
(1) for the costs of project management oversight of grants
carried out under section 22907 of title 49, United States
Code.
(i) 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 9104 of this division and section 502 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822) $130,000,000 for each of fiscal years 2021 through
2025, to remain available until expended.
(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) in accordance
with section 9104.
(j) 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 2021 through
2025.
(2) Project management oversight.--The Secretary may withhold
up to 1 percent from the amount appropriated under paragraph
(1) for the costs of project management oversight of grants
carried out under section 22908 of title 49, United States
Code.
(k) Grade Crossing Separation Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 20171 of title 49, United
States Code, (as added by section 9551 of this Act) the
following amounts:
(1) For fiscal year 2021, $450,000,000.
(2) For fiscal year 2022, $475,000,000.
(3) For fiscal year 2023, $500,000,000.
(4) For fiscal year 2024, $525,000,000.
(5) For fiscal year 2025, $550,000,000.
(2) Project management oversight.--The Secretary may withhold
up to 1 percent from the amount appropriated under paragraph
(1) for the costs of project management oversight of grants
carried out under section 20171 of title 49, United States
Code.
(l) Rail Safety Public Awareness Grants.--Of the amounts made
available under subsection (k), the Secretary shall make available
$5,000,000 for each of fiscal years 2021 through 2025 to carry out
section 20172 of title 49, United States Code, (as added by section
9552 of this Act).
(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 for the operations of the
Federal Railroad Administration and to carry out railroad
safety activities authorized or delegated to the
Administrator--
``(A) $229,000,000 for fiscal year 2021.
``(B) $231,000,000 for fiscal year 2022;
``(C) $233,000,000 for fiscal year 2023;
``(D) $235,000,000 for fiscal year 2024; and
``(E) $237,000,000 for fiscal year 2025.
``(2) Automated track inspection program and data analysis.--
From the funds made available under paragraph (1) for each of
fiscal years 2021 through 2025, 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.
``(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) $42,000,000 for fiscal year 2021.
``(B) $44,000,000 for fiscal year 2022.
``(C) $46,000,000 for fiscal year 2023.
``(D) $48,000,000 for fiscal year 2024.
``(E) $50,000,000 for fiscal year 2025.
``(2) Study on lng by rail.--From the amounts made available
for fiscal years 2021 through 2025 under paragraph (1), the
Secretary shall expend not less than $6,000,000 and not more
than $8,000,000 to carry out the evaluation of transporting
liquefied natural gas by rail under section 8202 of the TRAIN
Act.
``(3) Study on safety culture assessments.--From the amounts
made available for fiscal year 2021 under paragraph (1), the
Secretary shall expend such sums as are necessary to carry out
the study on safety culture assessments under section 9517 of
the TRAIN Act.
``(4) Short line safety.--From funds made available under
paragraph (1) for each of fiscal years 2021 through 2025, 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 railroads;
and
``(B) to develop safety management systems for Class
II and Class III freight railroads through safety
culture assessments, training and education, outreach
activities, and technical assistance.''.
(n) Fatigue Reduction Pilot Projects.--There are authorized to be
appropriated to the Secretary for costs associated with carrying out
section 21109(e) of title 49, United States Code, $200,000 to remain
available until expended.
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) Establishment.--The Secretary of Transportation shall establish
a program to make grants for capital projects that improve the state of
good repair, operational performance, or growth of intercity rail
passenger transportation.
``(b) Project Selection Criteria.--
``(1) In general.--Capital projects eligible for a grant
under this section include--
``(A) a project to replace, rehabilitate, or repair a
major infrastructure asset used for providing passenger
rail service to bring such infrastructure asset into a
state of good repair;
``(B) a project to improve passenger rail
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
``(C) a project to repair, rehabilitate, replace, or
build infrastructure to expand or establish intercity
rail passenger transportation and facilities, including
high-speed rail.
``(2) Requirements.--To be eligible for a grant under this
section, an applicant shall have, or provide documentation of a
credible plan to achieve--
``(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.
``(3) Priority.--In selecting an applicant for a grant under
this section, the Secretary shall give preference to capital
projects that--
``(A) are supported by multiple States or are
included in a regional planning process; or
``(B) achieve environmental benefits such as a
reduction in greenhouse gas emissions or an improvement
in local air quality.
``(4) Additional considerations.--In selecting an applicant
for a grant under this section, the Secretary shall consider--
``(A) the cost-benefit analysis of the proposed
project, including anticipated public benefits relative
to the costs of the proposed project, including--
``(i) effects on system and service
performance;
``(ii) effects on safety, competitiveness,
reliability, trip or transit time, and
resilience;
``(iii) impacts on the overall transportation
system, including efficiencies from improved
integration with other modes of transportation
or benefits associated with achieving modal
shifts; and
``(iv) the ability to meet existing or
anticipated passenger or service demand;
``(B) the 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.
``(c) Northeast Corridor Projects.--Of the funds made available to
carry out this section, not less than 40 percent shall be made
available for projects included in the Northeast Corridor investment
plan required under section 24904.
``(d) National Projects.--Of the funds made available to carry out
this section, not less than 40 percent shall be made available for--
``(1) projects on the National Network;
``(2) high-speed rail projects; and
``(3) the establishment of new passenger rail corridors not
located on the Northeast Corridor.
``(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 costs for a
project 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 major
capital project under this section, an amount that is
not more than the amount stipulated as the financial
participation of the Secretary in 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 (b)
for selecting the project for a grant; and
``(iii) a description of how the project
meets such criteria.
``(g) Appropriations Required.--An obligation or administrative
commitment may be made under this section only when amounts are
appropriated for such purpose.
``(h) Grant Administration.--The Secretary may withhold up to 1
percent of the total amount made available to carry out this section
for program oversight and management, including providing technical
assistance and project planning guidance.
``(i) Regional Planning Guidance.--The Secretary may withhold up to
half a percent of the total amount made available to carry out this
section to facilitate and provide guidance for regional planning
processes.
``(j) Availability.--Amounts made available to carry out this section
shall remain available until expended.
``(k) 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 grants provided to Amtrak in lieu of the requirements of
section 22905(a).
``(l) Definitions.--In this section:
``(1) Applicant.--The term `applicant' means--
``(A) a State;
``(B) a group of States;
``(C) an Interstate Compact;
``(D) a public agency or publicly chartered authority
established by 1 or more States;
``(E) a political subdivision of a State; or
``(F) Amtrak, acting on its own behalf or under a
cooperative agreement with 1 or more States.
``(2) Capital project.--The term `capital project' means--
``(A) acquisition, construction, replacement,
rehabilitation, or repair of major infrastructure
assets or equipment that benefit intercity rail
passenger transportation, including tunnels, bridges,
stations, track, electrification, grade crossings,
passenger rolling stock, and other assets, as
determined by the Secretary;
``(B) projects that ensure service can be maintained
while existing assets are rehabilitated or replaced;
and
``(C) project planning, development, design, and
environmental analysis related to projects under
subsections (A) and (B).
``(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 26106(b).
``(5) Northeast corridor.--The term `Northeast Corridor' has
the meaning given such term in section 24102.
``(6) National network.--The term `National Network' has the
meaning given such term in section 24102.
``(7) State.--The term `State' means each of the 50 States
and the District of Columbia.''.
(b) Clerical Amendment.--The item related 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.''.
SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENT
GRANTS.
Section 22907 of title 49, United States Code, is amended--
(1) in subsection (b) by adding at the end the following:
``(12) A commuter authority (as such term is defined in
section 24102).
``(13) The District of Columbia.'';
(2) in subsection (c)--
(A) in paragraph (1) by inserting ``, maintenance,
and upgrades'' after ``Deployment'';
(B) in paragraph (2) by striking ``as defined in
section 22901(2), except that a project shall not be
required to be in a State rail plan developed under
chapter 227'';
(C) in paragraph (3) by inserting ``or safety'' after
``address congestion'';
(D) in paragraph (4) by striking ``identified by the
Secretary'' and all that follows through ``rail
transportation'' and inserting ``to reduce congestion,
improve service, or facilitate ridership growth in
intercity rail passenger transportation and commuter
rail passenger transportation (as such term is defined
in section 24102)'';
(E) in paragraph (5) by inserting ``or to establish
new quiet zones'' before the period at the end; and
(F) in paragraph (9) by inserting ``or commuter rail
passenger transportation (as such term is defined in
section 24102)'' after ``between intercity rail
passenger transportation'';
(3) in subsection (e) 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 benefit a station that--
``(i) serves Amtrak and commuter rail;
``(ii) is listed amongst the 25 stations with
highest ridership in the most recent Amtrak
Company Profile; and
``(iii) has support from both Amtrak and the
provider of commuter rail passenger
transportation servicing the station.'';
(4) in subsection (l) by striking ``Secretary shall'' and
inserting ``Secretary may'';
(5) by redesignating subsections (i), (j), (k), and (l) as
subsections (k), (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 50 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.--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.--Subsections (g) and (f)(1) 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 the acquisition or construction (including
designing, engineering, location surveying, mapping,
environmental studies, and acquiring rights-of-way), payments
for the capital portions of 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 rail plans; and
``(4) the first-dollar liability costs for insurance related
to the provision of intercity passenger rail service under
section 22904.
SEC. 9104. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.
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) in subsection (f)--
(A) in paragraph (3) by adding at the end the
following:
``(D) 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
(B) in paragraph (4)--
(i) by inserting ``In the case of an
applicant seeking a loan that is less than 50
percent of the total cost of the project, half
of the credit risk premiums under this
subsection shall be paid to the Secretary
before the disbursement of loan amounts and the
remaining half shall be paid to the Secretary
in equal amounts semiannually and fully paid
not later than 10 years after the first loan
disbursement is executed.'' after
``modifications thereof.'';
(ii) by striking ``Credit risk premiums'' and
inserting ``(A) Timing of payment.--Credit risk
premiums''; and
(iii) by adding at the end the following:
``(B) Payment of credit risk premiums.--
``(i) In general.--In granting assistance
under this section, the Secretary may pay
credit risk premiums required under paragraph
(3) for entities described in paragraphs (1)
through (3) of subsection (a), in whole or in
part, with respect to a loan or loan guarantee.
``(ii) Set-aside.--Of the amounts made
available for payments for a fiscal year under
clause (i), the Secretary shall reserve
$125,000,000 for payments for passenger rail
projects, to remain available until expended.
``(C) Refund of premium.--The Secretary shall repay
the credit risk premium of 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 the
TRAIN 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 such Act.''; and
(3) by adding at the end the following:
``(n) Non-Federal Share.--The proceeds of a loan provided under this
section may be used as the non-Federal share of project costs under
this title or chapter 53 of title 49 if such loan is repayable from
non-Federal funds.''.
SEC. 9105. 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).''.
SEC. 9106. RAIL NETWORK CLIMATE CHANGE VULNERABILITY ASSESSMENT.
(a) In General.--The Secretary of Transportation shall sponsor a
study by 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 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 emergency preparedness
measures and resiliency best practices for infrastructure
planning.
(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 2021
under section 20117(a) of title 49, United States Code, the Secretary
shall expend not less than $1,000,000 to carry out the study required
under subparagraph (a).
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 is an important
part of the national transportation system.
``(10) 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 and accommodating to
passengers with disabilities; 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
(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) 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
passenger rail service, general business and financial
experience, and transportation qualifications or
expertise. 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 labor representative of
Amtrak employees; and
``(iv) 2 shall be individuals with a history
of regular Amtrak ridership and an
understanding of the concerns of rail
passengers.'';
(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) 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.''; and
(D) 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, and
the public interest in sustainable national passenger
rail service.'' 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 the designee of the Governor.''.
(b) Timing of New Board Requirements.--Beginning on the date that is
60 days after the date of enactment of this Act, the appointment and
membership requirements under section 24302 of title 49, United States
Code, shall apply to each member of the Board under such section and
the term of each current Board member shall end. A member serving on
such Board as of the date of enactment of this Act may be reappointed
on or after such date subject to the advice and consent of the Senate
if such member meets the requirements of such section.
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 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.
Within 90 days of receipt of such application, the Board shall
determine whether the additional trains would unreasonably
impair freight transportation and--
``(i) for 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) for 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 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)(B), 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)(B), the
Board shall issue an order requiring the rail carrier to allow
for the operation of the requested trains conditioned upon
additional infrastructure or other investments needed to
mitigate the unreasonable interference. In determining the
necessary level of additional infrastructure or other
investments, 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
to obtain the right to operate 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
(3) an implementation plan and timeline for making any such
necessary changes.
(d) Engagement.--Amtrak is encouraged to 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:
``24323. Prohibition on smoking on Amtrak trains.''.
SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AMTRAK.
(a) In General.--Section 24712 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (4) by striking the first sentence
and inserting ``The Committee shall define and
periodically update the rules and procedures governing
the Committee's proceedings.''; and
(B) in paragraph (6)--
(i) by striking subparagraph (B) and
inserting the following:
``(B) Procedures.--The rules and procedures
implemented under paragraph (4) shall include--
``(i) procedures for changing the cost
allocation methodology, notwithstanding section
209(b) of the Passenger Rail Investment and
Improvement Act (49 U.S.C. 24101 note); and
``(ii) procedures or broad guidelines for
conducting financial planning, including
operating and capital forecasting, reporting,
and data sharing and governance.'';
(ii) in subparagraph (C)--
(I) in clause (i) by striking ``and''
at the end;
(II) in clause (ii) by striking the
period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(iii) promote increased efficiency in
Amtrak's operating and capital activities.'';
and
(iii) by adding at the end the following:
``(D) Annual review.--Not later than June 30 of each
year, the Committee shall prepare an evaluation of the
cost allocation methodology and procedures under
subparagraph (B) and transmit such evaluation to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.'';
(2) in subsection (b)--
(A) by inserting ``and to the Committee'' before ``,
as well as the planning''; and
(B) by inserting before the period at the end the
following: ``and the Committee. Not later than 180 days
after the date of enactment of the TRAIN Act, the
Committee shall develop a report that contains the
general ledger data and operating statistics from
Amtrak's accounting systems used to calculate payments
to States. Amtrak shall provide to the States and the
Committee the report for the prior month not later than
30 days after the last day of each month'';
(3) in subsection (e) by inserting ``, including incentives
to increase revenue, reduce costs, finalize contracts by the
beginning of the fiscal year, and require States to promptly
make payments for services delivered'' before the period;
(4) in subsection (f)--
(A) in paragraph (1)--
(i) by inserting ``and annually review and
update, as necessary,'' after ``shall
develop''; and
(ii) by inserting before ``The Committee may
consult'' the following: ``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.'';
(B) in paragraph (2) by striking ``Not later than 2
years'' and all that follows through ``transmit the
statement'' and inserting ``The Committee shall
transmit, not later than March 31 of each year, the
most recent annual update to the statement''; and
(C) by adding at the end the following:
``(3) Sense of congress.--It is the sense of Congress that
the Committee shall be the forum where Amtrak and States
collaborate on the planning, improvement, and development of
corridor routes across the National Network. The Committee
shall identify obstacles to intercity passenger rail growth and
identify solutions to overcome such obstacles.'';
(5) by redesignating subsections (g) and (h) as subsections
(j) and (k), respectively; and
(6) by inserting after subsection (f) the following:
``(g) New State-supported Routes.--
``(1) Consultation.--In developing a new State-supported
route, Amtrak shall consult with the following:
``(A) The State or States and local municipalities
where such new service would operate.
``(B) Commuter authorities and regional
transportation authorities (as such terms are defined
in section 24102) in the areas that would be served by
the planned route.
``(C) Host railroads.
``(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 on or after the date of enactment of the TRAIN Act,
Amtrak shall enter into a memorandum of understanding, or
otherwise secure an agreement, with the State in which such
route will operate for sharing--
``(A) ongoing operating costs and capital costs in
accordance with the cost allocation methodology
described under subsection (a); or
``(B) ongoing operating costs and capital costs in
accordance with the alternative cost allocation
schedule described in paragraph (3).
``(3) Alternative cost allocation.--Under the alternative
cost allocation schedule described in this paragraph, with
respect to costs not covered by revenues for the operation of
the new State-supported route, Amtrak shall pay--
``(A) the share Amtrak otherwise would have paid
under the cost allocation methodology under subsection
(a); and
``(B) a percentage of the share that the State
otherwise would have paid under the cost allocation
methodology under subsection (a) according to the
following:
``(i) Amtrak shall pay up to 100 percent of
the capital costs necessary to initiate a new
State-supported route, including planning and
development, design, and environmental
analysis, 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
allocation methodology described under
subsection (a), as applicable.
``(4) Application of terms.--In this subsection, the terms
`capital cost' and `operating cost' shall apply in the same
manner as such terms apply under the cost allocation
methodology developed under subsection (a).
``(h) Cost Allocation Methodology and Implementation Report.--
``(1) In general.--Not later than 18 months after the date of
enactment of the TRAIN Act, 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 potential
improvements to the cost allocation methodology required and
approved under section 209 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note).
``(2) Report contents.--The report required under paragraph
(1) shall--
``(A) identify improvements to the cost allocation
methodology that would promote--
``(i) transparency of route and train costs
and revenues;
``(ii) facilitation of service and network
growth;
``(iii) improved services for the traveling
public;
``(iv) maintenance or achievement of labor
collective bargaining agreements;
``(v) increased revenues; and
``(vi) reduced costs;
``(B) describe the various contracting approaches
used in State-supported services between States and
Amtrak, including the method, amount, and timeliness of
payments for each State-supported service;
``(C) evaluate the potential benefits and
feasibility, including identifying any necessary
statutory changes, of implementing a service pricing
model for State-supported routes in lieu of a cost
allocation methodology and how such a service pricing
model would advance the priorities described in
subparagraph (A); and
``(D) summarize share of costs from the cost
allocation methodology that are--
``(i) assigned;
``(ii) allocated regionally or locally; and
``(iii) allocated nationally.
``(3) Update to the methodology.--Not later than 2 years
after the implementation of the TRAIN Act, the Committee shall
update the methodology, if necessary, based on the findings of
the report required under paragraph (1).
``(i) Identification of State-Supported Route Changes.--Amtrak shall
provide an update in the general and legislative annual report under
section 24315(b) of planned or proposed changes to State-supported
routes, including the introduction of new State-supported routes. In
identifying routes to be included in such request, 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 proposed routes may operate, not less than 120 days
before the annual grant request is transmitted to the
Secretary.''.
(b) Conforming Amendment.--Section 24315(b)(1) of title 49, United
States Code, is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
(2) in subparagraph (A) by striking ``section 24902(b) of
this title; and'' and inserting ``section 24902(a) of this
title;''; and
(3) by inserting after subparagraph (A) the following:
``(B) shall identify the planned or proposed State-
supported routes, as required under section 24712(i);
and''.
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 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 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 the risks 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 Department 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 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 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 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 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 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 related 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
individuals representing--
(A) Amtrak;
(B) the labor organizations representing Amtrak
employees who prepare or provide onboard food and
beverage services; and
(C) nonprofit organizations representing Amtrak
passengers.
(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;
(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.
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 and has not been recalled to perform
such work.
``(e) Agreement Prohibitions on Contracting Out.--This section does
not--
``(1) supersede a prohibition or limitation on contracting
out work covered by a collective bargaining agreement entered
into between Amtrak and an organization representing Amtrak
employees; or
``(2) prohibit Amtrak and an organization representing Amtrak
employees from entering into a collective bargaining agreement
that allows for contracting out the work of a furloughed
employee that would otherwise be prohibited under subsection
(d).''.
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.--Beginning on the date that is 1 year after
the date of enactment of the TRAIN Act, Amtrak shall ensure
that at least 1 Amtrak ticket agent is employed at each station
building where at least 1 Amtrak ticket agent was employed on
or after October 1, 2017.
``(2) Locations.--Notwithstanding section (1), beginning on
the date that is 1 year after the date of enactment of the
TRAIN Act, Amtrak shall ensure that at least 1 Amtrak ticket
agent is employed at each station building--
``(A) that Amtrak owns, or operates service through,
as part of a 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.''.
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. RECREATIONAL TRAIL ACCESS.
Section 24315 of title 49, United States Code, is amended by adding
at the end the following:
``(i) Recreational Trail Access.--At least 30 days before
implementing a new policy, structure, or operation that impedes
recreational trail access, Amtrak shall work with potentially affected
communities, making a good-faith effort to address local concerns about
such recreational trail 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 recreational trail access that were
considered or made as a result. Such report shall include Amtrak's
plans to mitigate the impact to such recreational trail access.''.
SEC. 9217. INVESTIGATION OF SUBSTANDARD PERFORMANCE.
Section 24308(f) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``If the on-time'' and inserting ``If
either the on-time'';
(B) by inserting ``, measured at each station on its
route based upon the arrival times plus 15 minutes
shown in schedules Amtrak and the host railroad have
agreed to or have been determined by the Surface
Transportation Board pursuant to section 213 of the
Passenger Rail Investment and Improvement Act of 2008
as of or subsequent to the date of enactment of the
TRAIN Act,'' after ``intercity passenger train''; and
(C) by striking ``or the service quality of'' and
inserting ``or the on-time performance of'';
(2) in paragraph (2) by striking ``minimum standards
investigated under paragraph (1)'' and inserting ``either
performance standard under paragraph (1)''; and
(3) in paragraph (4) by striking ``or failures to achieve
minimum standards'' and inserting ``or failure to achieve
either performance standard under paragraph (1)''.
SEC. 9218. AMTRAK CYBERSECURITY ENHANCEMENT GRANT PROGRAM.
(a) In General.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 24324. Amtrak cybersecurity enhancement 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.
``(b) Application of Best Practices.--Any cyber resiliency
improvements carried out with a grant under this section shall be
consistent with the principles contained in the special publication
numbered 800-160 issued by the National Institute of Standards and
Technology Special and any other applicable security controls published
by the Institute.
``(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.--Grants 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:
``24324. Amtrak cybersecurity enhancement grant program.
SEC. 9219. 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. 9220. 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. 24325. 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:
``24325. Amtrak Office of Community Outreach.''.
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 2 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) Strategic 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 strategic 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 strategic 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) include a financial strategy that identifies
funding needs and potential sources and includes an
economic impact analysis; and
``(E) be updated at least every 5 years.'';
(5) in subsection (b) (as redesignated by paragraph (3))--
(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'';
(B) in paragraph (1)(A) by striking ``a capital
investment plan'' and inserting ``an annual capital
investment plan'';
(C) 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) 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 strategic
development plan, once available, and the asset
condition needs identified in the Northeast
Corridor asset management plans and consider'';
and
(v) in subparagraph (E)(i) by striking
``normalized capital replacement and''; and
(D) in paragraph (3)(B) by striking ``expected
allocated shares of costs'' and inserting ``status of
cost sharing agreements'';
(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 subsections (d) and (e) 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.--
``(1) Contents.--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--
``(A) be consistent with the Federal Transit
Administration process, as authorized under section
5326, when implemented; and
``(B) include, at a minimum--
``(i) an inventory of all capital assets
owned by the developer of the plan;
``(ii) an assessment of asset condition;
``(iii) a description of the resources and
processes necessary to bring or maintain those
assets in a state of good repair; and
``(iv) 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) 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. HIGH-SPEED RAIL FUNDS.
(a) In General.--Notwithstanding any other provision of law and not
later than 90 days after the date of enactment of this Act, the
Secretary of Transportation shall reinstate any cooperative agreement
terminated after January 1, 2019 that was originally entered into under
the heading ``Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'' in the Department of Transportation
Appropriations Act, 2010 (Public Law 111-117).
(b) Inclusion.--The reinstatement under subsection (a) shall include
the obligation to such agreement of all of the funds obligated to such
agreement as of the date of termination of such agreement.
(c) Grant Conditions.--The reinstatement under subsection (a) shall
include all grant conditions required under such agreement, including
section 22905(c)(2)(A) of title 49, United State Code, as of the date
of termination of such agreement.
TITLE IV--COMMUTER RAIL POLICY
SEC. 9401. 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.''.
SEC. 9402. 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.''.
SEC. 9403. CHICAGO UNION STATION IMPROVEMENT PLANS.
(a) One-year Capital Improvement Plan.--
(1) In general.--Not later than 90 days after the conclusion
of the Surface Transportation Board proceeding in the petition
by Amtrak for a proceeding pursuant to section 24903(c)(2) of
title 49, United States Code (Docket No. FD 36332), Amtrak and
Metra shall enter into an agreement for a one-year capital
improvement plan for Chicago Union Station.
(2) Extension.--The deadline under paragraph (1) may be
extended with the consent of both Amtrak and Metra.
(3) Submission of plan.--Amtrak and Metra shall transmit the
one-year capital improvement plan to the Committee on
Transportation and Infrastructure of the House of
Representatives and Committee on Commerce, Science, and
Transportation of the Senate.
(b) Five-year Capital Improvement Plan.--
(1) In general.--Not later than 180 days after the date on
which Amtrak and Metra enter into the agreement under
subsection (a), Amtrak shall enter into an agreement with Metra
for a five-year capital improvement plan for Chicago Union
Station.
(2) Extension.--The deadline required under paragraph (1) may
be extended with the consent of both Amtrak and Metra.
(3) Submission of plan.--Amtrak and Metra shall transmit the
five-year capital improvement plan to the Committee on
Transportation and Infrastructure of the House of
Representatives and Committee on Commerce, Science, and
Transportation of the Senate.
(c) Contents.--The capital improvement plans required under
subsections (a) and (b) shall identify the projects that Amtrak and
Metra agree to implement at Chicago Union Station within the timeframe
of each such plan, including projects that improve--
(1) areas considered outside the glass such as tracks,
platforms switches, and other rail infrastructure;
(2) facilities for Amtrak and Metra crew; and
(3) the operations of Chicago Union Station, such as the
dispatching of commuter and intercity passenger trains out of
Chicago Union Station.
(d) Annual Progress Report.--Not later than 1 year after the date on
which Amtrak and Metra enter into an agreement required under
subsection (b), and annually thereafter for 5 years, Amtrak and Metra
shall jointly 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 describing
the progress Amtrak and Metra have made in implementing the plan
required under subsection (b).
(e) Definitions.--In this section:
(1) Chicago union station.--The term ``Chicago Union
Station'' means the passenger train station located at 225
South Canal Street, Chicago, Illinois 60606, and its associated
facilities.
(2) Metra.--The term ``Metra'' means the Northeast Illinois
Regional Commuter Railroad Corporation.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
SEC. 9501. NATIONAL ACADEMIES STUDY ON SAFETY IMPACT OF TRAINS LONGER
THAN 7,500 FEET.
(a) Study.--The Secretary of Transportation shall seek to enter into
an agreement with the National Academies to conduct a study and issue
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 safety impacts of freight
trains longer than 7,500 feet.
(b) Contents.--The study conducted pursuant to subsection (a) shall
include--
(1) an examination of any potential risks of the operation of
such trains and recommendations on mitigation of such risks;
(2) among other safety factors with respect to such trains,
an evaluation of--
(A) any increased risk of loss of communications
between the end of train device and the locomotive cab,
including communications over differing terrains and
conditions;
(B) any increased risk of loss of communications
between crewmembers, including communications over
differing terrains and conditions;
(C) any increased risk of derailments, including
risks associated with in-train compressive forces and
slack action or other safety risks in the operations of
such trains in differing terrains and conditions;
(D) safety risks 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) 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 on the
results of the study.
(d) 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 the study required under subsection (a).
SEC. 9502. GAO STUDY ON CHANGES IN FREIGHT RAILROAD OPERATING AND
SCHEDULING PRACTICES.
(a) Study.--The Comptroller General of the United States shall study
the impact on freight rail shippers, Amtrak, commuter railroads,
railroad employees, and other affected parties of changes in freight
railroad operating and scheduling practices as a result of the
implementation of the precision scheduled railroading model.
(b) Contents.--At minimum, the study shall examine--
(1) the impacts of the operation of longer trains;
(2) safety impacts of reduction in workforce, including
occupational injury rates, impacts to inspection frequencies
and repair quality, and changes in workforce demands;
(3) the elimination or downsizing of yards, repair
facilities, and other operational facilities;
(4) increases in demurrage or accessorial charges or other
costs to shippers;
(5) capital expenditures for rail infrastructure; and
(6) the effect of changes to dispatching practices and
locations of dispatching centers on--
(A) the on-time performance of passenger trains, and
(B) the quality and reliability of service to freight
shippers.
(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 and the results of such study, including
recommendations for addressing any negative impacts of precision
scheduled railroading on freight shippers or passenger railroads.
SEC. 9503. 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 on board the train, and the duties of such crew members)''
after ``reported accident or incident''.
(b) Regulations.--Not later than 180 days 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).
SEC. 9504. 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 compliance with
any part of a regulation prescribed or order issued under this
chapter if the waiver is in the public interest and consistent
with railroad safety.
``(2) Notice required.--The Secretary shall--
``(A) provide timely public notice of any request for
a waiver under this subsection;
``(B) make the application for such waiver 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 under this
subsection before making a final decision; and
``(D) make public the reasons for granting a waiver
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. 9505. NOTICE OF FRA COMPREHENSIVE SAFETY ASSESSMENTS.
(a) Initial Notice.--Not later than 10 business days after the
Federal Railroad Administration initiates a comprehensive safety
assessment of an entity providing regularly scheduled intercity or
commuter rail passenger transportation, the Federal Railroad
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,
and each member of Congress representing a State in which the service
that is the subject of the assessment being conducted is located, of
the initiation of such assessment.
(b) Findings.--Not later than 90 days after completion of a
comprehensive safety 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, and to each member of Congress
representing a State in which the service that is the subject of the
assessment being conducted is located, the findings of such assessment,
including identified defects and any recommendations.
(c) Definition of Comprehensive Safety Assessment.--In this section,
the term ``comprehensive safety assessment'' means a focused review of
the safety-related processes and procedures, compliance with safety
regulations and requirements, and overall safety culture of an entity
providing regularly scheduled intercity or commuter rail passenger
transportation.
SEC. 9506. 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''; and
(2) by adding at the end the following:
``(d) Gathering Information and Technical Expertise.--
``(1) In general.--The Secretary shall create a standard
process for investigators to use during accident and incident
investigations conducted under this section for determining
when it is appropriate to, and how 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, as 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, as
determined relevant by the Secretary, for technical
expertise on the facts of the accident or incident
under investigation.
``(2) Confidentiality.--In developing the process 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. 9507. RAIL SAFETY IMPROVEMENTS.
(a) Federal Railroad Administration Requirements.--Not later than 18
months after the date of enactment of this Act, the Secretary of
Transportation shall carry out the following:
(1) Complete a study on how signage can be used to improve
safety in the rail industry that includes--
(A) a review of how signs used for other modes of
transportation may be effectively used in the rail
industry;
(B) a review of how signs used in the railroad
industry differ; and
(C) an analysis of whether a uniform system for speed
signs across the United States rail system would
benefit the railroad industry and improve safety.
(2) Reevaluate seat securement mechanisms and the
susceptibility of such mechanisms to inadvertent rotation, and
identify a means to prevent the failure of such mechanisms to
maintain seat securement.
(3) Conduct research to evaluate the causes of passenger
injuries in passenger railcar derailments and overturns and
evaluate potential methods for mitigating such injuries.
(4) Based on the research conducted under paragraph (3),
develop occupant protection standards for passenger railcars
that will mitigate passenger injuries likely to occur during
derailments and overturns.
(5) Develop policies for the safe use of child seats to
prevent uncontrolled or unexpected movements in intercity
passenger trains from disrupting the secure position of such
seats.
(b) Requirements for Amtrak.--Not later than 18 months after the date
of enactment of this Act, Amtrak shall--
(1) ensure operating crewmembers demonstrate proficiency,
under daylight and nighttime conditions, on the physical
characteristics of a territory by using all resources
available, including in-cab instruments, observation rides,
throttle time, signage, signals, and landmarks;
(2) ensure the proficiency required under paragraph (1) is
demonstrated on written examinations;
(3) revise classroom and road training programs to ensure
that operating crews fully understand all locomotive operating
characteristics, alarms, and the appropriate response to
abnormal conditions;
(4) when possible, require that all engineers undergo
simulator training--
(A) before operating new or unfamiliar equipment (at
a minimum, experience and respond properly to all
alarms); and
(B) to experience normal and abnormal conditions on
new territory before operating in revenue service on
such new territory;
(5) ensure that simulator training specified in paragraph (4)
supplements the hours engineers spend training on new equipment
before becoming certified on such equipment and performing runs
on new territory before becoming qualified on such territory;
(6) implement a formal, systematic approach to developing
training and qualification programs to identify the most
effective strategies for preparing crewmembers to safely
operate new equipment on new territories;
(7) work in consultation with host railroad carriers and
States that own infrastructure over which Amtrak operates to
complete a comprehensive assessment of the territories to
ensure that necessary wayside signs and plaques are identified,
highly noticeable, and strategically located to provide
operating crews the information needed to safely operate
trains;
(8) update the safety review process to ensure that all
operating documents are up to date and accurate before
initiating new or revised revenue operations;
(9) incorporate all prerevenue service planning,
construction, and route verification work into the scope of a
corporate-wide system safety plan, including through rules and
policies, risk assessment analyses, safety assurances, and
safety promotions; and
(10) conduct risk assessments on all new or upgraded services
that occur on Amtrak-owned territory, host railroads, or in
States that own infrastructure over which Amtrak operates.
(c) Report.--Not later than 18 months after the date of enactment of
this Act, the Secretary and 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 their progress on meeting the requirements under subsections
(a) and (b), respectively, including a description of all completed
elements of the requirements.
SEC. 9508. ANNUAL REVIEW OF SPEED LIMIT ACTION PLANS.
Section 11406 of the FAST Act (Public Law 114-94) is amended--
(1) in subsection (c) by inserting ``or subsection (d)(2)''
after ``subsection (b)'';
(2) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(3) by inserting after subsection (c) the following:
``(d) Periodic Reviews and Updates.--Each railroad carrier that files
an action plan under subsection (b) shall--
``(1) not later than 1 year after the date of enactment of
the TRAIN Act, and annually thereafter, review such plan to
ensure the effectiveness of actions taken to enable warning and
enforcement of the maximum authorized speed for passenger
trains at each location identified under subsection (b)(1); and
``(2) not later than 90 days prior to implementing any
operational or territorial operating change, including
initiating a new service or route, submit to the Secretary a
revised action plan that addresses such operational or
territorial operating change.''; and
(4) by adding at the end the following:
``(h) Prohibition.--No new intercity rail passenger transportation or
commuter rail passenger service may begin operation unless the railroad
carrier providing such service is in compliance with this section.''.
SEC. 9509. 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 crew of at least 1 appropriately qualified and
certified conductor and 1 appropriately qualified and certified
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 within a rail yard or terminal area or
on auxiliary or industry tracks.
``(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 a rail
yard.
``(5) Train operations staffed with fewer than a 2-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
material toxic by inhalation, as defined in section 171.8 of
title 49, Code of Federal Regulations;
``(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; and
``(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. 9510. SAFE CROSS BORDER OPERATIONS.
(a) In General.--Section 416 title IV of division A of the Rail
Safety Improvement Act of 2008 (49 U.S.C. 20107 note) is amended--
(1) by striking ``Mechanical and brake'' and inserting ``(a)
In General.--Mechanical and brake''; and
(2) by adding at the end the following:
``(b) Waiver.--The Secretary may not grant any waiver or waiver
modification that provides for the ability to perform mechanical or
brake inspections of rail cars in Mexico in lieu of complying with the
certification requirements of this section.''.
(b) Safety Standards for Certain Rail Crews.--
(1) In general.--Title IV of division A of the Rail Safety
Improvement Act of 2008 (Public Law 110-432) is amended by
adding at the end the following:
``SEC. 421. SAFETY STANDARDS FOR CERTAIN RAIL CREWS.
``(a) In General.--The Secretary of Transportation may not permit
covered rail employees to enter the United States to perform train or
dispatching service unless the Secretary certifies that--
``(1) Mexico has adopted and is enforcing safety standards
for covered rail employees that are equivalent to, or greater
than, those applicable to railroad employees whose primary
reporting point is in the United States, including
qualification and certification requirements under parts 240
and 242 of title 49, Code of Federal Regulations;
``(2) covered rail employees are subject to the alcohol and
drug testing requirements in part 219 of title 49, Code of
Federal Regulations, including the requirements of subparts F,
G, and H of such part, to the same extent as such requirements
apply to railroad employees whose primary reporting point is in
the United States and who are subject to such part;
``(3) covered rail employees are subject to hours of service
requirements under section 21103 of title 49, United States
Code, at all times any such employee is on duty, regardless of
location;
``(4) covered rail employees are subject to the motor vehicle
driving record evaluation requirements in section 240.115 of
title 49, Code of Federal Regulations, to the same extent as
such requirements apply to railroad employees whose primary
reporting point is in the United States and are subject to such
section, and that such evaluation includes driving records from
the same country as the employee's primary reporting point; and
``(5) the Federal Railroad Administration is permitted to
perform onsite inspections of rail facilities in Mexico to
ensure compliance with paragraphs (1) and (2).
``(b) Notice Required.--
``(1) In general.--Not later than 5 days after the date on
which the Secretary certifies each of the requirements under
paragraphs (1) through (5) of subsection (a), the Secretary
shall publish in the Federal Register--
``(A) notice of each such certification; and
``(B) documentation supporting each such
certification.
``(2) Public comment.--To ensure compliance with the
requirements of this section and any other applicable safety
requirements, the Secretary shall--
``(A) allow for public comment on the notice required
under paragraph (1); and
``(B) hold a public hearing on such notice.
``(3) Congressional notice.--On the date on which each
publication required under paragraph (1) is published in the
Federal Register, 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 such publication.
``(c) Drug and Alcohol Testing.--
``(1) Nonapplication of exemption.--For purposes of
compliance with subsection (a)(2), the exemption contained in
part 219.3(d)(2) of title 49, Code of Federal Regulations,
shall not apply.
``(2) Audit by office of drug and alcohol compliance.--To
ensure compliance with the drug and alcohol testing programs
described in subsection (a)(2), the Office of Drug and Alcohol
Compliance in the Department of Transportation shall conduct an
annual audit of such programs and recommend enforcement actions
as needed.
``(d) Definition of Covered Rail Employee.--In this section, the term
`covered rail employee' means a railroad employee whose primary
reporting point is in Mexico.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Rail Safety Improvement Act of 2008 (Public Law
110-432), is amended by inserting after the item relating to
section 420 the following:
``Sec. 421. Safety standards for certain rail crews.''.
SEC. 9511. 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. 9512. LEAKING BRAKES.
(a) In General.--The Administrator of the Federal Railroad
Administration shall take such actions as are necessary to ensure that
no DB-60 air brake control valve manufactured before January 1, 2006,
is equipped on a rail car operating on--
(1) a unit train north of the 37th parallel on or after
August 1, 2022; or
(2) a non-unit train north of the 37th parallel on or after
August 1, 2024.
(b) Reports.--Not later than 1 year after the date of enactment of
this Act, and every year thereafter until brake valves described in
subsection (a) are no longer operating on rail cars as required under
subsection (a), 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 brake valves on rail cars
operating on--
(A) unit trains north of the 37th parallel; and
(B) non-unit trains north of the 37th parallel;
(2) any issues affecting the industry's progress toward
ensuring that such brake 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 brake valves are phased out in accordance
with the requirements of subsection (a).
(c) Additional Valves.--If the Administrator determines that air
brake control valves not covered under subsection (a) demonstrate
leakage in low temperatures similar to the leakage exhibited by the air
brake control valve identified in subsection (a), the Administrator
shall ensure that the air brake control valves determined to be
demonstrating leakage under this subsection are phased out in
accordance with the requirements of subsection (a).
SEC. 9513. ANNUAL REPORT ON PTC SYSTEM FAILURES.
Section 20157 of title 49, United States Code, is amended by adding
at the end the following:
``(m) Annual Report of System Failures.--Not later than April 16 of
each calendar year following the date of an implementation deadline
under subsection (a)(1), each railroad shall submit to the Secretary a
report containing the number of positive train control system failures,
separated by each major hardware category, that occurred during the
previous calendar year.''.
SEC. 9514. FATIGUE REDUCTION PILOT PROJECTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) maintaining the highest level of safety across the
nation's railroad network is of critical importance;
(2) ensuring the safety of rail transportation requires the
full attention of all workers engaged in safety-critical
functions;
(3) fatigue degrades an individual's ability to stay awake,
alert, and attentive to the demands of safe job performance;
(4) the cognitive impairments to railroad workers that result
from fatigue can cause dangerous situations that put workers
and communities at risk;
(5) the Rail Safety Improvement Act of 2008 mandated that the
Federal Railroad Administration conduct two pilot projects to
analyze specific practices that may be used to reduce fatigue
in employees and as of the date of enactment of this Act,
neither pilot project has commenced; and
(6) the Federal Railroad Administration should coordinate
with the industry and the workforce to commence and complete
the fatigue pilot projects mandated in 2008.
(b) Pilot Projects.--Section 21109(e) of title 49, United States
Code, is amended--
(1) by striking ``Not later than 2 years after the date of
enactment of the Rail Safety Improvement Act of 2008'' and
inserting ``Not later than 1 year after the date of enactment
of the TRAIN Act''; and
(2) by adding at the end the following:
``(3) Coordination.--The pilot projects required under
subparagraph (1) shall be developed and evaluated in
coordination with the labor organization representing the class
or craft of employees impacted by the pilot projects.''.
(c) Reimbursement.--The Secretary of Transportation may reimburse
railroads participating in the pilot projects under 21109(e) of title
49, United States Code, a share of the costs associated with the pilot
projects, as determined by the Secretary.
(d) Report.--
(1) In general.--If the pilot projects required under section
21109(e) of title 49, United States Code, have not commenced on
the date that is 1 year after the date of enactment of this
Act, the Secretary shall, not later than 1 year and 30 days
after the date of enactment of this Act, 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 describing--
(A) the status of the pilot projects;
(B) actions the Federal Railroad Administration has
taken to commence the pilot projects, including efforts
to recruit participant railroads;
(C) any challenges impacting the commencement of the
pilot projects; and
(D) any other details associated with the development
of the pilot projects that affect the progress toward
meeting the mandate of such section.
SEC. 9515. ASSAULT PREVENTION AND RESPONSE PLANS.
(a) Amendment.--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
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
``(C) 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. 9516. 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 employees of commuter
railroads and intercity passenger railroads, as such terms are
defined in section 272.9 of such part, who directly interact
with passengers; 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. 9517. STUDY ON SAFETY CULTURE ASSESSMENTS.
(a) In General.--The Administrator of the Federal Railroad
Administration shall conduct a study on the feasibility of expanding
railroad safety culture assessments and training to include assessments
and training for workers employed by tourist railroads, passenger
railroads, and commuter railroads.
(b) Contents of Study.--The study required under subsection (a) shall
include--
(1) an analysis on the need for the expansion;
(2) the resources required to carry out the additional
assessments and training; and
(3) other potential safety challenges the initiative could
address.
(c) Report.--The Federal Railroad Administration 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).
Subtitle B--Grade Crossing Safety
SEC. 9551. GRADE CROSSING SEPARATION GRANTS.
(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. 20171. Grade crossing separation grants
``(a) General Authority.--The Secretary of Transportation shall make
grants under this section to eligible entities to assist in financing
the cost of highway-rail grade 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 right-of-way and the applicant addressing access to right-
of-way throughout the project; and
``(2) a cost-sharing agreement with the funding amounts that
the entity that owns or controls the 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 of grade crossing
separations.
``(2) 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.--
``(1) Large projects.--Of amounts made available to carry out
this section, not more than 50 percent shall be available for
projects with total costs of $100,000,000 or greater.
``(2) Considerations.--In awarding grants under this section,
the Secretary--
``(A) shall give priority to projects that maximize
the safety benefits of Federal funding; and
``(B) 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 grade crossing safety action plan, average automobile
traffic, freight and passenger train traffic, average
daily number of crossing closures, and proximity of
community resources, including schools, hospitals, 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 is in compliance
with section 22905, except that 22905(b) shall only apply to a person
that conducts rail operations.
``(g) Two Year 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 subsection (d)(1) that--
``(A) announces an intention to obligate for no more
than 2 years, for a major capital project under
subsection (d)(1), 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 (b)
for selecting the project for a grant; and
``(iii) a description of how the project
meets such criteria.
``(h) Appropriations Required.--An obligation or administrative
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 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. Grade crossing separation grants.''.
SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANTS.
(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. Rail safety public awareness grants
``(a) Grant.--The Administrator of the Federal Railroad
Administration shall make grants to eligible entities to carry out
public information and education programs to help prevent and reduce
rail-related pedestrian, motor vehicle, and other accidents, incidents,
injuries, and fatalities, and to improve awareness along railroad
rights-of-way and at railway-highway grade crossings.
``(b) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Administrator an
application in such form, in such manner, and containing such
information as the Secretary may require.
``(c) Contents.--Programs eligible for a grant under this section--
``(1) shall include, as appropriate--
``(A) development, placement, and dissemination of
public service announcements in appropriate media;
``(B) school presentations, driver safety education,
materials, and public awareness campaigns; and
``(C) disseminating information to the public on how
to identify and report to the appropriate authorities
unsafe or malfunctioning highway-rail grade crossings;
and
``(2) may include targeted and sustained outreach in
communities at greatest risk to develop measures to reduce such
risk.
``(d) Coordination.--Eligible entities shall coordinate program
activities with local communities, law enforcement and emergency
responders, and rail 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.
``(e) Prioritization.--In awarding grants under this section, the
Administrator shall give priority to applications for programs that--
``(1) are nationally recognized;
``(2) are targeted at schools in close proximity to railroad
rights-of-way;
``(3) partner with nearby railroad carriers; or
``(4) 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 rights-of-way.
``(f) Definitions.--In this section:
``(1) Eligible entity.--the term `eligible entity' means--
``(A) a nonprofit organization;
``(B) a State;
``(C) a political subdivision of a State; and
``(D) a public law enforcement agency or emergency
response organization.
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, and Puerto Rico.''.
(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. Rail safety public awareness grants.''.
SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC
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 a rail crossing
``(a) Time Limit.--A train, locomotive, railroad car, or other rail
equipment is prohibited from blocking a crossing for more than 10
minutes, unless the train, locomotive, or other equipment is directly
delayed by--
``(1) a casualty or serious injury;
``(2) an accident;
``(3) a track obstruction;
``(4) an act of God; or
``(5) a derailment or a major equipment failure that prevents
the train from advancing.
``(b) Civil Penalty.--The Secretary of Transportation may issue civil
penalties for violations of subsection (a) in accordance with section
21301.
``(c) Delegation.--The Secretary may delegate enforcement actions
under subsection (b) to States either through a State inspector
certified by the Federal Railroad Administration, or other law
enforcement officials as designated by the States and approved by the
Administration. The Secretary shall issue guidance or regulations not
later than 1 year after the date of enactment on the criteria and
process for States to gain approval under this section.
``(d) 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.
``(e) Definitions.--In this section:
``(1) Crossing.--The term `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 either at grade or grade-separated.
``(2) Blocked crossing.--The term `blocked crossing' means a
circumstance in which a train, locomotive, railroad car, or
other rail equipment is stopped in a manner that obstructs
public travel at a crossing.''.
(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 a rail crossing.''.
SEC. 9554. NATIONAL STRATEGY TO ADDRESS BLOCKED CROSSINGS.
(a) In General.--Not later than 18 months 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 on the
website of the Department of Transportation, a report containing a
national strategy to address blocked crossings.
(b) Public Law 116-94.--The strategy required under subsection (a)
shall incorporate the recommendations and briefing described in the
report accompanying the Department of Transportation Appropriations
Act, 2020 (Public Law 116-94) with respect to the amounts provided
under the heading ``Federal Railroad Administration--Safety and
Operations''.
(c) Report Contents.--The strategy required under subsection (a)
shall include an analysis of the following topics, including any
specific legislative or regulatory recommendations:
(1) How best to engage the public, representatives of labor
organizations representing railroad employees, law enforcement
officers, highway traffic officials, or other employees of a
public agency acting in an official capacity to identify and
address blocked crossings.
(2) How technology and positive train control system data can
be used to identify and address instances of blocked crossings.
(3) How to identify and address instances of blocked
crossings at crossings with passive or no warning devices.
(4) How best to use the data collected under a webpage
established by the Secretary for the public and law enforcement
to report instances of blocked crossings, including whether
such data should be verified by each rail carrier or
incorporated into the national crossing inventory established
under section 20160 of title 49, United States Code.
(d) Updating Strategy.--The Secretary shall evaluate the strategy
developed under this section not less than every 5 years, and update it
as needed.
(e) Definitions.--In this section:
(1) Blocked crossing.--The term ``blocked crossing'' means a
circumstance in which a train, locomotive, railroad car, or
other rail equipment is stopped in a manner that obstructs
public travel at a crossing.
(2) Positive train control system.--The term ``positive train
control system'' has the meaning given the term in section
20157(i) of title 49, United States Code.
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 crossings; 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 ``; and'' ; and
(D) by adding at the end the following:
``(6) promptly inform the Secretary if the number required to
be established under subsection (a) has changed and report the
new number to the Secretary.''; 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 data contained in the
inventory described in subsection (a) using mapping
technologies and other methods; and
(2) correct erroneous data in such inventory.
(c) Report.--Not later than 30 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 detailing corrections made to the
inventory described in subsection (a) and the Secretary's plans to
ensure continued accuracy of such inventory.
SEC. 9557. COUNTING 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 count suicides on a
railroad crossing or railroad right-of-way as trespassing deaths.
(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).
DIVISION E--ADDITIONAL PROGRAMS
SEC. 10001. NATIONAL SCENIC BYWAYS PROGRAM.
There are authorized to be appropriated out of the general fund of
the Treasury, for the national scenic byways program under section 162
of title 23, United States Code--
(1) $55,000,000 for fiscal year 2021;
(2) $60,000,000 for fiscal year 2022;
(3) $65,000,000 for fiscal year 2023;
(4) $70,000,000 for fiscal year 2024; and
(5) $75,000,000 for fiscal year 2025.
PURPOSE OF LEGISLATION
The purpose of H.R. 2, as amended, is to reauthorize
Federal-aid highway, transit, highway safety, motor carrier,
research, multi-modal, hazardous materials, and rail programs
through fiscal year 2025.
BACKGROUND AND NEED FOR LEGISLATION
Federal surface transportation programs, currently
authorized by the Fixing America's Surface Transportation Act
(FAST Act) (P.L 114-94), are set to expire on September 30,
2020. This legislation extends program authorizations for five
years through fiscal year 2025.
The INVEST in America Act authorizes $494 billion over five
years to make transformative infrastructure investments in
surface and rail transportation. The bill provides $411 billion
over five years out of the Highway Trust Fund (HTF) for
highway, transit, safety, and research programs, a 46 percent
increase over current investment levels. The bill further
provides $319 billion for the Federal-aid highway program under
the Federal Highway Administration, $105 billion for transit
programs under the Federal Transit Administration, $5.3 billion
for highway safety programs under the National Highway Traffic
Safety Administration, $4.6 billion for motor carrier safety
programs under the Federal Motor Carrier Safety Administration,
and $60 billion for rail programs under the Federal Railroad
Administration and hazardous materials safety programs under
the Pipeline and Hazardous Materials Safety Administration.
The bill also makes significant policy changes to spur
investment in transformative projects that will: create
millions of jobs; support American manufacturing; spur economic
activity and innovation; bring our transportation systems to a
state of good repair; reduce carbon pollution; dramatically
improve safety; significantly boost investment in transit,
passenger rail, and transportation alternatives; provide
dedicated investment for rural areas; and build a more just and
equitable future through investment in businesses owned by
socially and economically disadvantaged individuals and
continuation of the U.S. Department of Transportation's
Disadvantaged Business Enterprise Program given ongoing
business discrimination based on race and gender, dedicated
resources to low-income communities, and consideration of
equity and environmental justice in transportation planning and
funding decisions.
HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--
(1) The following hearings were used to develop or consider
H.R. 2, as amended:
On February 7, 2019, the Full Committee held a hearing
entitled, ``The Cost of Doing Nothing: Why Investing in Our
Nation's Infrastructure Cannot Wait.'' The Committee received
testimony from: Hon. Tim Walz, Governor, State of Minnesota,
testifying on behalf of The National Governors Association;
Hon. Eric Garcetti, Mayor, City of Los Angeles, California,
testifying on behalf of The United States Conference of Mayors;
Hon. Ray LaHood, Co-Chair, Building America's Future; Mr.
Richard Anderson, President and Chief Executive Officer,
National Railroad Passenger Corporation (Amtrak); Hon. Eric K.
Fanning, President and Chief Executive Officer, Aerospace
Industries Association; Mr. Lawrence J. Krauter, Chief
Executive Officer, Spokane International Airport; Ms. Angela C.
Lee, Director, Charlotte Water, Charlotte, North Carolina,
testifying on behalf of The Water Environment Federation and
The National Association of Clean Water Agencies, Mr. Rich
McArdle, President, UPS Freight, testifying on behalf of the
U.S. Chamber of Commerce; Ms. Kristin Meira, Executive
Director, Pacific Northwest Waterways Association; and Mr.
Larry I. Willis, President, Transportation Trades Department,
American Federation of Labor and Congress of Industrial
Organizations (AFL-CIO).
On February 26, 2019, the Full Committee held a hearing
entitled, ``Examining How Federal Infrastructure Policy Could
Help Mitigate and Adapt to Climate Change.'' The Committee
received testimony from: Dr. Daniel Sperling, Board Member,
California Air Resources Board; Mr. Ben Prochazka, Vice
President, Electrification Coalition; Ms. Vicki Arroyo,
Executive Director, Georgetown Climate Center; Mr. James M.
Proctor, II, Senior Vice President and General Counsel, McWane,
Inc., testifying on behalf of the Build Strong Coalition; Mr.
Kevin DeGood, Director, Infrastructure Policy, Center for
American Progress; Ms. Lynn Scarlett, Vice President, Policy
and Government Affairs, The Nature Conservancy; and Dr. Whitley
J. Saumweber, Director, Stephenson Ocean Security (SOS)
Project, Center for Strategic and International Studies.
On March 13, 2019, the Subcommittee on Highways and Transit
held a hearing entitled, ``Aligning Federal Surface
Transportation Policy to Meet 21st Century Needs.'' The
Subcommittee received testimony from: Hon. Ron Nirenberg,
Mayor, City of San Antonio, Texas, testifying on behalf of the
National League of Cities; Mr. Roger M. Millar, Secretary,
Department of Transportation, State of Washington, testifying
on behalf of the American Association of State Highway and
Transportation Officials; Mr. Darran Anderson, Director,
Strategy and Innovation, Department of Transportation, State of
Texas, testifying on behalf of Texas Innovation Alliance; Mr.
John K. Clark, Executive Director, Transportation Learning
Center; Ms. Therese W. McMillan, Executive Director,
Metropolitan Transportation Commission, testifying on behalf of
the Association of Metropolitan Planning Organization; Mr.
Algernon Stanley, Vice President, Stanley Construction Company,
Inc., testifying on behalf of Associated General Contractors of
America; and Mr. Michael A. Terry, President and Chief
Executive Officer, IndyGo-Indianapolis Public Transportation
Corporation, testifying on behalf of the American Public
Transportation Association.
On April 9, 2019, the Subcommittee on Highways and Transit
held a hearing entitled, ``Every Life Counts: Improving the
Safety of Our Nation's Roadways.'' The Subcommittee received
testimony from: Hon. Jennifer Homendy, Member, National
Transportation Safety Board; Hon. Fred Jones, Vice Mayor, City
of Neptune Beach, Florida, testifying on behalf of
Transportation for America; Mr. Michael L. Brown, Chief of
Police, City of Alexandria, Commonwealth of Virginia; Mr. Jay
Bruemmer, Vice President, K & G Striping, Inc., testifying on
behalf of the American Traffic Safety Services Association; Mr.
Mike Sewell, Director, Active Transportation; and Mr. Nicholas
Smith, Interim President and Chief Executive Officer, The
National Safety Council, testifying on behalf of the American
Association of State Highway and Transportation Officials.
On May 1, 2019, the Full Committee held a hearing entitled,
``Committee on Transportation and Infrastructure Members'' Day
Hearing.'' The Committee received testimony from: Hon. Max
Rose, a Representative in Congress from the 11th District of
New York; Hon. Gwen Moore, a Representative in Congress from
the 14th District of Wisconsin; Hon. Lori Trahan, a
Representative in Congress from the 3rd District of
Massachusetts; Hon. Cheri Bustos, a Representative in Congress
from the 17th District of Illinois; Hon. Mikie Sherrill, a
Representative in Congress from the 11th District of New
Jersey; Hon. Josh Harder, a Representative in Congress from the
10th District of California; Hon. Joe Cunningham, a
Representative in Congress from the 1st District of South
Carolina; Hon. Glenn Thompson, a Representative in Congress
from the 15th District of Pennsylvania; Hon. Ilhan Omar, a
Representative in Congress from the 5th District of Minnesota;
Hon. Mike Quigley, a Representative in Congress from the 5th
District of Illinois; Hon. Roger W. Marshall, a Representative
in Congress from the 1st District of Kansas; Hon. Lauren
Underwood, a Representative in Congress from the 14th District
of Illinois; Hon. Steny H. Hoyer, a Representative in Congress
from the 5th District of Maryland; Hon. James R. Langevin, a
Representative in Congress from the 2nd District of Rhode
Island; Hon. James A. Himes, a Representative in Congress from
the 4th District of Connecticut; Hon. Earl Blumenauer, a
Representative in Congress from the 3rd District of Oregon;
Hon. Dan Newhouse, a Representative in Congress from the 4th
District of Washington; Hon. Robert J. Wittman, a
Representative in Congress from the 1st District of Virginia;
Hon. Donna E. Shalala, a Representative in Congress from the
27th District of Florida; Hon. Scott H. Peters, a
Representative in Congress from the 52nd District of
California; Hon. Danny K. Davis, a Representative in Congress
from the 7th District of Illinois; Hon. Josh Gottheimer, a
Representative in Congress from the 5th District of New Jersey;
Hon. Ro Khanna, a Representative in Congress from the 17th
District of California; Hon. Debra A. Haaland, a Representative
in Congress from the 1st District of New Mexico; Hon. Ben
Cline, a Representative in Congress from the 6th District of
Virginia; Hon. Peter Welch, a Representative in Congress from
Vermont; Hon. Pramila Jayapal, a Representative in Congress
from the 7th District of Washington; Hon. Elaine G. Luria, a
Representative in Congress from the 2nd District of Virginia;
Hon. William R. Keating, a Representative in Congress from the
9th District of Massachusetts; Hon. Grace Meng, a
Representative in Congress from the 6th District of New York;
Hon. Steve King, a Representative in Congress from the 4th
District of Iowa; Hon. Tom O'Halleran, a Representative in
Congress from the 1st District of Arizona; Hon. Tony Cardenas,
a Representative in Congress from the 29th District of
California; Hon. Zoe Lofgren, a Representative in Congress from
the 19th District of California; Hon. Mary Gay Scanlon, a
Representative in Congress from the 5th District of
Pennsylvania; Hon. Jim Costa, a Representative in Congress from
the 16th District of California; Hon. Nydia M. Velazquez, a
Representative in Congress from the 7th District of New York;
Hon. Mark Takano, a Representative in Congress from the 41st
District of California; Hon. Elissa Slotkin, a Representative
in Congress from the 8th District of Michigan; Hon. Joe Neguse,
a Representative in Congress from the 2nd District of Colorado;
Hon. Earl L. ``Buddy'' Carter, a Representative in Congress
from the 1st District of Georgia; Hon. Dean Phillips, a
Representative in Congress from the 3rd District of Minnesota;
Hon. Maxine Waters, a Representative in Congress from the 43rd
District of California; and Hon. Doris O. Matsui, a
Representative in Congress from the 6th District of California.
On May 16, 2019, the Full Committee held a hearing
entitled, ``The Impacts of State-Owned Enterprises on Public
Transit and Freight Rail Sectors.'' The Committee received
testimony from: Mr. Scott N. Paul, President, Alliance for
American Manufacturing; Brigadier General John Adams, (Ret. US
Army), President, Guardian Six Consultancy, LLC; Mr. Hamilton
Galloway, Head of Consultancy, Americas, Oxford Economics; Mr.
Frank J. Cilluffo, Director, McCrary Institute for Cyber and
Critical Infrastructure Security; and Director, Center for
Cyber and Homeland Security, Auburn University; Mr. Zachary
Kahn, Director of Government Relations, BYD Heavy Industries;
and Mr. Phillip A. Washington, Chief Executive Officer, Los
Angeles County Metropolitan Transportation Authority.
On June 12, 2019, the Subcommittee on Highways and Transit
held a hearing entitled, ``Under Pressure: The State of
Trucking in America.'' The Subcommittee received testimony
from: Ms. Cathy Chase, President, Advocates for Highway and
Auto Safety; Mr. Chris Spear, President and Chief Executive
Officer, American Trucking Associations; Mr. Todd Spencer,
President, Owner-Operator Independent Drivers Association; Mr.
LaMont Byrd, Director, Health and Safety Department,
International Brotherhood of Teamsters; Mr. Jason Craig,
Director of Government Affairs, C.H. Robinson; Mr. Rodney
Noble, Senior Director for Transportation Global Procurement,
PepsiCo; Mr. Mark Savage, Deputy Chief, Colorado Highway
Patrol, testifying on behalf of the Commercial Vehicle Safety
Alliance; and Mr. Andy Young, Truck Safety Advocate.
On June 20, 2019, the Subcommittee on Railroads, Pipelines,
and Hazardous Materials held a hearing entitled, ``The State of
the Rail Workforce.'' The Subcommittee received testimony from:
Hon. Ronald L. Batory, Administrator, Federal Railroad
Administration; Mr. Dennis R. Pierce, President, Brotherhood of
Locomotive Engineers and Trainmen; Mr. John Previsich,
President, Transportation Division, International Association
of Sheet Metal, Air, Rail and Transportation Workers; Mr. Jerry
C. Boles, President, Brotherhood of Railroad Signalmen; Mr.
Andrew W. Sandberg, Assistant to the President, Directing
General Chairman, District Lodge 19, International Association
of Machinists and Aerospace Workers; and Mr. William Gonzalez,
President, Amtrak Police Fraternal Order of Police Labor
Committee.
On July 16, 2019, the Subcommittee on Highways and Transit
held a hearing entitled, ``Oversight of the Federal Transit
Administration's Implementation of the Capital Investment Grant
Program.'' The Subcommittee received testimony from: Hon. K.
Jane Williams, Acting Administrator, Federal Transit
Administration, Department of Transportation; Mr. Robert E.
Alger, President and Chief Executive Officer, The Lane
Construction Corporation, testifying on behalf of the American
Road & Transportation Builders Association; Mr. Tom Gerend,
Executive Director, The Kansas City Streetcar Authority; and
Mr. Paul P. Skoutelas, President and Chief Executive Officer,
American Public Transportation Association.
On July 25, 2019, the Subcommittee on Highways and Transit
held a hearing entitled, ``Examining the Federal Role in
Improving School Bus Safety.'' The Subcommittee received
testimony from: Hon. Andrew J. McLean, Chair, Joint Standing
Committee on Transportation, House of Representatives, State of
Maine, testifying on behalf of the National Conference of State
Legislatures; Hon. Brenda Sue Fulton, Chair and Chief
Administrator, Motor Vehicle Commission, State of New Jersey;
Mr. John Benish, Jr., President and Chief Operating Officer,
Cook-Illinois Corporation, testifying on behalf of the National
School Transportation Association; Mr. Matthew Condron,
Secretary-Treasurer, Teamsters Local 384, Norristown,
Pennsylvania; Ms. Anne S. Ferro, President and Chief Executive
Officer, American Association of Motor Vehicle Administrators;
and Kristin Poland, PhD, Deputy Director, Office of Highway
Safety, National Transportation Safety Board.
On September 11, 2019, the Subcommittee on Highways and
Transit held a hearing entitled, ``Pricing and Technology
Strategies to Address Congestion on and Financing of America's
Roads.'' The Subcommittee received testimony from: Hon. Oliver
Gilbert, III, Mayor, City of Miami Gardens and Chairman, Miami-
Dade Transportation Planning Organization, State of Florida;
Mr. Travis Brouwer, Assistant Director, Department of
Transportation, State of Oregon; Ms. Tilly Chang, Executive
Director, San Francisco County Transportation Authority,
testifying on behalf of the Intelligent Transportation Society
of America; Mr. Darren D. Hawkins, President and Chief
Executive Officer, YRC Worldwide, Inc., testifying on behalf of
the American Trucking Associations; Timothy J. Lomax, PhD, PE,
Regents Fellow, Transportation Institute, Texas A&M; and Mr.
Marc Scribner, Senior Fellow, Competitive Enterprise Institute.
On September 24, 2019, the Subcommittee on Railroads,
Pipelines, and Hazardous Materials held a hearing entitled,
``Challenges and Opportunities for Commuter Railroads.'' The
Subcommittee received testimony from: Mr. Paul P. Skoutelas,
President and Chief Executive Officer, American Public
Transportation Association; Mr. Jim Derwinski, Chief Executive
Officer/Executive Director, Metra; Mr. Peter M. Rogoff, Chief
Executive Officer, Sound Transit; and Ms. Stephanie N. Wiggins,
Chief Executive Officer, Southern California Regional Rail
Authority (SCRRA)--Metrolink.
On October 16, 2019, the Subcommittee on Highways and
Transit held a hearing entitled, ``Examining the Future of
Transportation Network Companies: Challenges and
Opportunities.'' The Subcommittee received testimony from: Hon.
Christopher H. Smith, a Representative in Congress from the 4th
District of New Jersey; Hon. Thomas R. Suozzi, a Representative
in Congress from the 3rd District of New York; Hon. Karen
Freeman-Wilson, Mayor, City of Gary, Indiana, testifying on
behalf of National League of Cities; Mr. Jon W. Martz,
Director, Government and Public Affairs, Commute with
Enterprise; Mr. Paul A. Miller, Legislative Counsel, The
Transportation Alliance; and Mr. Larry I. Willis, President,
Transportation Trades Department, AFL-CIO.
On November 13, 2019, the Subcommittee on Railroads,
Pipelines, and Hazardous Materials held a hearing entitled,
``Amtrak Now and Into the Future.'' The Subcommittee received
testimony from: Mr. Richard Anderson, President and Chief
Executive Officer, Amtrak; Hon. Nancy Nathanson, State
Representative, State of Oregon; Mr. Greg Regan, Secretary-
Treasurer, Transportation Trades Department, AFL-CIO; Ms.
Stacey Mortensen, Executive Director, San Joaquin Regional Rail
Commission; Mr. Jack Dinsdale, National Vice President,
Transportation Communications International Union; Mr. Jim
Mathews, President and Chief Executive Officer, Rail Passengers
Association; and Mr. Robert W. Guy, Illinois State Director,
Transportation Division, Sheet Metal Air Rail Transportation.
On December 5, 2019, the Subcommittee on Highways and
Transit and the Subcommittee on Railroads, Pipelines, and
Hazardous Materials held a joint hearing entitled, ``Where's My
Stuff?: Examining the Economic, Environmental, and Societal
Impacts of Freight Transportation.'' The Subcommittees received
testimony from: Ms. Erin Aleman, Executive Director, Chicago
Metropolitan Agency for Planning, testifying on behalf of the
Coalition for America's Gateways and Trade Corridors; Mr.
Charles ``Chuck'' Baker, President, American Short Line and
Regional Railroad Association; Dr. Anne Victoria Goodchild,
Founding Director, Supply Chain Transportation and Logistics
Center, University of Washington; Mr. Ian J. Jefferies,
President and Chief Executive Officer, Association of American
Railroads; Mr. Jason Mathers, Director, Vehicles and Freight
Strategy, Environmental Defense Fund; and Mr. Jim Tymon,
Executive Director, American Association of State Highway and
Transportation Officials.
On February 5, 2020, the Subcommittee on Railroads,
Pipelines, and Hazardous Materials held a hearing entitled,
``Tracking Toward Zero: Improving Grade Crossing Safety and
Addressing Community Concerns.'' The Subcommittee received
testimony from: Mr. Karl Alexy, Associate Administrator,
Railroad Safety and Chief Safety Officer, Federal Railroad
Administration; Mr. Brian Vercruysse, Rail Safety Program
Administrator, Commerce Commission, State of Illinois; Mr. Mark
Christoffels, Chief Executive Officer and Chief Engineer,
Alameda Corridor-East Construction Authority, testifying on
behalf of the San Gabriel Valley Council of Governments; Ms.
Rachel Maleh, Executive Director, Operation Lifesaver, Inc.;
Hon. Matthew O'Shea, Alderman, 19th Ward, City of Chicago,
Illinois; and Mr. Jason A. Morris, Assistant Vice President,
Safety and Environment, Norfolk Southern Corporation.
On February 6, 2020, the Subcommittee on Highways and
Transit held a hearing entitled, ``Assessing the Transportation
Needs of Tribes, Federal Land Management Agencies, and U.S.
Territories.'' The Subcommittee received testimony from: Hon.
Nelson Petty, Jr., Commissioner, Department of Public Works,
U.S. Virgin Islands; Mr. Joe Garcia, Head Councilman, Ohkay
Owingeh Tribal Council, testifying on behalf of the National
Congress of American Indians, Southwest Area; Ms. Mary Beth
Frank Clark, President, Intertribal Transportation Association;
Mr. Christopher B. French, Deputy Chief, National Forest
System, United States Forest Service, U.S. Department of
Agriculture; Mr. Aron Reif, Transportation Program Manager,
Office of Acquisition and Property Management, U.S. Department
of the Interior; and Mr. Sergio ``Satch'' A. Pecori, Chief
Executive Officer, Hanson Professional Services.
On March 4, 2020, the Subcommittee on Railroads, Pipelines,
and Hazardous Materials held a hearing entitled, ``Funding a
Robust Freight and Passenger Rail Network.'' The Subcommittee
received testimony from: Mr. Stephen J. Gardner, Senior
Executive Vice President and Chief Operating and Commercial
Officer, National Railroad Passenger Corporation (Amtrak); Hon.
Sandra Bury, Mayor, Village of Oak Lawn, Illinois; Mr. Kevin S.
Corbett, President and Chief Operating Officer, NJ TRANSIT
Corporation; Mr. Robert J. Shanahan, Jr., Assistant to the
President, Brotherhood of Maintenance of Way Employees
Division, International Brotherhood of Teamsters; Mr. Kevin
Artl, President and Chief Operating Officer, American Council
of Engineering Companies of Illinois; and Mr. Ian Jefferies,
President, Association of American Railroads.
(2) The following related roundtables were held:
On May 2 and 3, 2019, Members of the Committee conducted a
tour of the Gateway Project in New York and New Jersey and
conducted a briefing. Committee Members and Staff examined rail
infrastructure between Washington, D.C., and New York City, NY,
including: Washington Union Station; Baltimore Penn Station;
the Baltimore & Potomac Tunnel; the Sesquehanna River Bridge;
Philadelphia William H. Gray III Station; Newark Penn Station
and the beginning of the Gateway Program; and New York Penn
Station. On May 3, 2019, the Members conducted a roundtable
meeting entitled, ``The Cost of Doing Nothing: The Gateway
Program.'' The Members met with representatives from the State
of New Jersey; Amtrak; Partnership for New York City; NJ
TRANSIT; and the Gateway Program Development Corporation.
On June 25, 2019, the Subcommittee on Highways and Transit
held a roundtable on ``Examining the Role of Mobility on Demand
(MOD) in Surface Transportation Policy.'' Members met with
representatives from the Community Transportation Association
of America; District Department of Transportation; the Consumer
Technology Association; the Tri-County Metropolitan
Transportation District of Oregon (TriMet); Pinellas Suncoast
Transit Authority (PSTA); and the Transportation Trades
Department, AFL-CIO.
On July 25, 2019, the Subcommittee on Railroads, Pipelines,
and Hazardous Materials conducted a roundtable entitled
``Railroad Shippers Roundtable''. The Members of the
Subcommittee met with representatives from International Paper;
Kinder Morgan Terminals; the National Grain and Feed
Association; the National Industrial Transportation League; the
American Chemistry Council; Seeler Industries; the Freight Rail
Customer Alliance; and the Department of Applied Economics,
University of Minnesota.
LEGISLATIVE HISTORY AND CONSIDERATION
H.R. 2, the ``Investing in a New Vision for the Environment
and Surface Transportation in America Act'' was introduced in
the House on June 11, 2020, by Mr. DeFazio, Ms. Norton, and Mr.
Lipinski and referred to the Committee on Transportation and
Infrastructure. Within the Committee, H.R. 2 was referred to
the Subcommittee on Highways and Transit and the Subcommittee
on Railroads, Pipelines, and Hazardous Materials.
The Chair discharged the Subcommittee on Highways and
Transit and the Subcommittee on Railroads, Pipelines, and
Hazardous Materials from further consideration of H.R. 2 on
June 17, 2020.
On June 17 and 18, 2020, the Committee on Transportation
and Infrastructure met in open session, to consider H.R. 2. The
Committee ordered the bill, as amended, to be reported to the
House with a favorable recommendation, by voice vote, a quorum
being present.
The following amendments were offered:
An Amendment in the Nature of a Substitute to H.R. 2
was offered by MR. DEFAZIO (#1); was AGREED TO, as
amended by a record vote of 35 yeas and 25 nays (Roll
Call Vote No. 37.). The following amendments were
offered:
A Managers' amendment to the Amendment in the Nature
of a Substitute offered by Mr. DeFazio (#1A); was
AGREED TO by a record vote of 36 yeas and 27 nays (Roll
Call Vote No. 13.)
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garamendi (#1B); In section
5001(a)(5) of the bill (relating to University
Transportation Centers), strike ``$96,000,000'' and
insert ``$150,000,000''.; was NOT AGREED TO by voice
vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1C); Strike section
8202 of the bill; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garamendi (#1D); After
subparagraph (C) of subsection (a)(1) section 1112 of
the bill (relating to Buy America), insert the
following: (D) by striking ``and manufactured
products'' and inserting ``manufactured products, and
construction materials''; was AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1E); At the end of
title III of division D of the bill, ad a new section
entitled. ``Sec. __. Restriction on Provision of Loan
or Loan Guarantee for Certain High-Speed Rail
Projects.''; was NOT AGREED TO by a record vote of 26
yeas and 36 nays (Roll Call Vote No. 14.)
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garamendi (#1F); At the end
of subtitle F of title I of division B of the bill, add
a new section entitled ``Sec. __. Elimination of
Duplication of Environmental Reviews and Approvals.'';
was AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1G); Page 563, after
line 5, insert a new section entitled ``Sec. __.
Innovative Mobility and High Performing Transportation
Grants.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garamendi (#1H); At the end
of subtitle B of title IV of division B of the bill,
add a new section entitled ``Sec. __. Agricultural
Commodities.''; was WITHDRAWN.
An amendment to the amendment offered by Mr.
Garamendi to the Amendment in the Nature of a
Substitute offered by Mr. Rouzer (#1H1); Strike lines 5
through 13 and insert a new paragraph entitled ``(7)
Agricultural Commodity.''; was not adopted when the
amendment #1H was withdrawn.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1I); Page 896, strike
line 12 and all that follows before line 21 on page
898.; was NOT AGREED to by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garamendi (#1J); At the end
of subtitle F of title I of division B of the bill, add
new sections entitled:
``Sec. __. Short Title.''
``Sec. __. Evacuation Route Program.''; was
WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1K); Strike sections
1211 and 1303 of the bill; was NOT AGREED TO by a
record vote of 23 yeas and 40 nays (Roll Call Vote No.
15).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garamendi (#1L); Add at the
end of subtitle F of title I of division B a new
section entitled ``Sec. __. Requiring Construction
Inspection Services for Certain Highway Contracts to be
Performed by Public Employees.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1M); At the end of
subtitle F of title I of division B of the bill, add a
new section entitled ``Sec. __. Rate of Wages for
Laborers and Mechanics.''; was NOT AGREED TO by voice
vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garamendi (#1N); At the end
of title III of division B of the bill, add a new
section entitled ``Sec. __. National Priority Safety
Programs Requirement.''; was NOT AGREED to by voice
vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1O); was NOT AGREED
to by a record vote of 17 yeas, 45 nays, and 1 voting
Present (Roll Call Vote No. 16).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garamendi (#1P); At the end
of title III of division B of the bill, add a new
section entitled ``Sec. __. Highway Safety Programs
Requirements.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1Q); Strike section
9304 of the bill; was NOT AGREED TO by a record vote of
26 yeas and 37 nays (Roll Call Vote No. 18).
An amendment to the Amendment in the Nature of a
Substitute offered by Ms. Brownley of CA (#1R); In
section 2401 of the bill (relating to formula grants
for buses), insert after paragraph (4) the following:
(5) in paragraph (7) by adding at the end the
following:
``(C) Special Rule for Buses and Related Equipment
for Zero Emission Vehicles.--Notwithstanding
subparagraph (A), a grant for a capital project for
buses and related equipment for zero emission vehicles
under this subsection shall be for 90 percent of the
net capital costs of the project. A recipient of a
grant under this subsection may provide additional
local matching amounts.''.
In section 2402 of the bill (relating to bus
facilities and fleet expansion competitive grants), add
at the end the following:
(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 zero emission vehicles shall not exceed
90 percent.''; was AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1S); Strike section
2601 of the bill; was NOT AGREED TO by a record vote of
20 yeas and 43 nays (Roll Call Vote No. 19).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Pappas (#1T); Page 50, strike
lines 1 through 4 and insert a new subsection entitled
``(D) Active Transportation Connectivity Grant
Program.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1U); Strike section
1605 of the bill; was NOT AGREED TO by a record vote of
21 yeas and 41 nays (Roll Call Vote No. 20).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Lynch (#1V); At the end of
title VII of division B of the bill, add a new section
entitled ``Sec. __ Federal Requirements for TIFIA
Eligibility and Project Selection.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1W); Strike section
103 of the bill.; was NOT AGREED TO by a record vote of
22 yeas and 40 nays (Roll Call Vote No. 21).
An amendment to the Amendment in the Nature of a
Substitute offered by Mrs. Fletcher (#1X); Page 512,
strike lines 23 through 25.
Page 513, strike lines 6 through 8.; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1Y); Strike section
2701 of the bill; was NOT AGREED TO by a record vote of
23 yeas and 40 nays (Roll Call Vote No. 22).
An amendment to the Amendment in the Nature of a
Substitute offered by Mrs. Fletcher (#1Z); Page 49,
line 3, insert ``, natural gas fueling, propane
fueling,'' after ``charging''.
Page 259, line 12, insert ``, natural gas fueling,
propane fueling,'' after ``charging infrastructure''.
Page 259, line 14, insert ``, natural gas vehicles,
propane vehicles,'' after ``electric vehicles'''.
Page 261, line 9, insert ``, natural gas fueling,
propane fueling,'' after ``charging infrastructure''.
Page 261, line 13, insert ``and fueling'' after
``charging''.
Page 261, line 17, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 261, line 22, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 262, line 3, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 263, line 20, insert ``, natural gas, propane,''
after ``charging''.
Page 264, line 5, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 264, line 8, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 264, line 15, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 265, line 15, insert ``, natural gas fueling,
propane fueling,'' before ``hydrogen fueling''.
Page 266, line 2, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 267, line 14, insert ``, natural gas fueling,
propane fueling,'' before ``or hydrogen fueling''.
Page 268, line 8, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 269, line 5, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 269, line 11, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 269, line 18, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 270, line 4, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 270, line 10, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 271, line 2, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 271, line 10, insert ``, natural gas fueling,
propane fueling,'' after ``charging''.
Page 271, line 14, strike ``electric''; was AGREED TO
by a record vote of 37 yeas and 26 nays (Roll Call Vote
No. 23).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1AA); Strike section
4404 of the bill; was NOT AGREED TO by a record vote of
26 yeas and 37 nays (Roll Call Vote No. 24.) 04:25 p.m.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Stanton (#1BB); Page 36, line
5, insert ``, section 5309(a)(7)(B),'' after ``Section
5309(k)(2)(C)(ii)''.
Page 36, after line 20, insert the following:
(D) section 5309(h) of title 49, United States Code,
that the Federal Transit Administration has a small
starts grant award or agreement entered into after
January, 1, 2017, or that has been recommended by the
Administration for an allocation of capital investment
funds that were appropriated in fiscal year 2018, 2019,
or 2020.
Page 37, after line 17, insert the following:
(D) the small starts grant or grant agreement; or (E)
the project rating for a small starts project that has
not yet been awarded a grant or grant agreement.
(5) Federal Share.--The Federal share of the costs of
a project under this subsection may not exceed 80
percent.; was AGREED TO by unanimous consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Perry (#1CC); At the end of
Subtitle C of title II of division B insert a new
section entitled ``Sec. 2301. Repayment Requirement.'';
was AGREED TO by unanimous consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Espaillat (#1DD); Page 49,
line 18, strike ``fiscal year 2022'' and insert ``for
each of fiscal years 2022 through 2025''.; was
WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Pence (#1EE); Page 822,
strike lines 11 through 19.
Page 822, line 21, strike ``15 percent'' and insert
``30 percent''.; was NOT AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Espaillat (#1FF); Page 295,
line 6, strike ``and''.
Page 295, line 9, strike the period and insert ``;
and''.
Page 295, after line 9, insert the following: (E)
provide local funds above what is required by the
section, not including any other funds derived from
this Act and the amendments made by this Act.
Page 295, line 13, strike ``60 percent'' and insert
``80 percent''.
Page 295, line 19, strike ``80 percent'' and insert
``100 percent''.; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Pence (#1GG); Page 249, after
line 20, insert a new subsection entitled ``(c)
Critical Commerce Corridors.''; was NOT AGREED TO by
voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Brown of MD (#1HH); At the
end of subtitle F of title I of division B of the bill,
add a new section entitled ``Sec. __. Dry Bulk Weight
Tolerance.''; was AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Pence (#1II); At the end of
subtitle F of title I, add a new section entitled
``Sec. 1615. Working Group on Improving the Livestock,
Insect, and Agricultural Commodities Transport
Industries.''; was NOT AGREED TO by a record vote of 27
yeas and 37 nays (Roll Call Vote No. 25).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Carbajal (#1JJ); At the end
of the bill, add a new division entitled ``Division E--
Infrastructure Bank.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Pence (#1KK); Strike section
1301 of division B of the bill (relating to projects of
national and regional significance) and insert a new
section entitled ``Sec. 1301. Nationally Significant
Freight and Highway Projects.''; was NOT AGREED TO by
voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Lowenthal (#1LL); Page 659,
after line 20, insert a new section entitled ``Sec. __.
Screening for Obstructive Sleep Apnea.''; was AGREED TO
by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Pence (#1MM); At the end of
subtitle F of title I of division B of the bill, add a
new section entitled ``Sec. __. Dry Bulk Weight
Tolerance.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Espaillat (#1NN); Page 868,
after line 13, insert a new section entitled ``Sec. __.
Limitation on Exemption for Amtrak from Certain Legal
Requirements.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Pence (#1OO); Strike section
1204 of the bill and insert a new section entitled
``Sec. 1204. Railway-highway Crossings Program.''; was
NOT AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Espaillat (#1PP); Page 519,
strike lines 14 through 15 and insert the following:
``(i) STATE OF GOOD REPAIR FORMULA SUBGRANT.--''.
Page 520, line 8, strike ``5338(a)(2)(L)(ii)'' and
insert ``5338(a)(2)(C)''.
Page 520, line 16, strike ``and'' at the end.
Page 520, line 20, strike the period at the end.
Page 522, after line 18, insert the following:
``(8) NON FEDERAL SHARE.--Any designated recipient in
an urbanized area with a population of more than 50,000
in population which utilizes more than 75 percent of
funds apportioned under this section for preventive
maintenance activities shall be required to provide a
non-Federal share of not less than 35 percent.''.
Page 520, line 24, strike ``5338(a)(2)(L)(ii)'' and
insert ``5338(a)(2)(C)''.; was withdrawn by unanimous
consent.; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Pence (#1QQ); Page 388, line
16, strike ``14'' and insert ``15''.
Page 388, line 17, strike ``2'' and insert ``3''.
Page 389, line 22, insert ``, the Chairman of the
Federal Communications Commission,'' after
``Secretary''.
Page 391, strike lines 9 through 10 (and redesignate
accordingly).; was NOT AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Espaillat (#1RR); Page 519,
line 12, strike ``5339'' and insert ``5307''.; was
WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Pence (#1SS); Page 802,
beginning line 19, strike ``Transportation--'' and all
that follows through ``Act.'' and insert
``Transportation shall use the research found in the
report submitted under subsection (d) to inform the
promulgation of any regulation permitting the
authorization of the transportation of liquefied
natural gas by rail tank car.''.; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garcia of IL; (#1TT) Page
133, line 22, strike ``and'' at the end.
Page 134, line 14, strike the period and all that
follows and insert ``; and''.
Page 134, after line 14, insert the following:
``(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).''; and.
Page 134, line 21, strike ``and'' at the end.
Page 134, line 25, strike the period at the end and
insert ``; and''.
Page 134, after line 25, insert the following:
(4) by adding at the end a new subsection entitled
``(k) Benefit-Cost Analysis.''; was AGREED TO by
unanimous consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Pence (#1UU); Page 376, line
18, strike ``and'' at the end.
Page 377, line 2, strike the period at the end and
insert ``; and''.
Page 377, after line 2, insert the following:
(C) coordinate with Federal entities involved in the
installation of fixed broadband infrastructure to
prevent the use of Federal dollars to overbuild
existing fixed broadband networks that meet minimum
speeds of 25 Mbps downstream and 3 Mbps upstream.; was
NOT AGREED To by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Ms. Plaskett (#1VV); Page 421,
after line 15, insert a new section entitled ``Sec. __.
Amber Alerts Along Major Transportation Routes.''; was
AGREED TO by unanimous consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Bost (#1WW); Strike
subparagraph (C) of section 1101(b)(1).
Amend section 1308 new section entitled ``Sec. 1308.
Parking for Commercial Vehicles.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garcia of IL (#1XX); Page
421, strike line 24 and all that follows through page
433 line 16 and insert the following: new subsections
entitled:
``(a) In General.''
``(b) References in Law.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Bost (#1YY); In section 1308
of the bill insert after subsection (g) the following
new subsection (and redesignate succeeding subsections
accordingly) entitled ``(h) Prohibition On Charging
Fees.''; was AGREED TO by unanimous consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garcia of IL (#1ZZ); At the
end of title IV of division B of the bill, add a new
section entitled ``Sec. 4407. Updating the Required
Amount of Insurance for Commercial Motor Vehicles.'';
was AGREED TO by a record vote of 37 yeas and 27 nays
(Roll Call Vote No. 26).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Bost (#1AAA); In section 4306
of the bill, strike subsection (a) (and redesignate
succeeding subsections accordingly).; was NOT AGREED TO
by a record vote of 26 yeas and 38 nays (Roll Call Vote
No. 27).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garcia of IL (#1BBB); At the
end of subtitle F of title I of division B of the bill
``Sec. __. Air Traffic Control System Task Force.'';
was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Weber of TX (#1CCC); In
subtitle F of title I of division B, add at the end a
new section entitled ``Sec. __. Definition of Urbanized
Ares Following a Major Disaster.''; was AGREED TO by
unanimous consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Ms. Plaskett (#1DDD); Page 352,
after line 5, insert the following: (2) in subsection
(c)(4) by adding at the end the following:
``(C) NONAPPLICABLE PROVISIONS.--Paragraph (3)(B) of
section 129(c) shall not apply to the territories.'';
was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Mitchell (#1EEE); Strike
section 1301 of the bill (and redesignate
accordingly).; was NOT AGREED to by a record vote of 25
yeas and 37 nays (Roll Call Vote No. 28).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Espaillat (#1FFF); Page 125,
strike lines 19 through 21 and insert the following:
(B) in paragraph (5)(B) by striking ``2019'' and
inserting ``2025''.; was AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Babin (#1GGG); Page 421,
after line 15, insert a new section entitled ``Sec. __.
High Priority Corridors on National Highway System.'';
was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Espaillat (#1HHH); Page 122,
line 2, insert ``and'' at the end.
Page 122, after line 2, insert the following: (iii)
by adding at the end a new subparagraph entitled ``(D)
Applicability.''; was WITHDRAWN.
An en bloc amendment to the Amendment in the Nature
of a Substitute offered by Mr. Mitchell (#1III);
consisting of the following amendments:
An amendment to: Strike section 1302 of the bill (and
redesignate accordingly).
An amendment to: Strike section 1303 of the bill (and
redesignate accordingly).
An amendment to: Strike section 1304 of the bill (and
redesignate accordingly).
An amendment to: Strike section 1306 of the bill (and
redesignate accordingly).
An amendment to: Strike section 1307 of the bill (and
redesignate accordingly).
An amendment to: Strike section 1308 of the bill (and
redesignate accordingly).
An amendment to: Strike section 1309 of the bill (and
redesignate accordingly).
An amendment to: Strike section 2201 of the bill (and
redesignate accordingly).
An amendment to: Strike section 3003 of the bill (and
redesignate accordingly).
An amendment to: Strike section 5102 of the bill (and
redesignate accordingly).
An amendment to: Strike section 9102 of the bill (and
redesignate accordingly); was NOT AGREED TO by voice
vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Stanton (#1JJJ); At the end
of subtitle F of title I of division B, insert a new
section entitled ``Sec. 16__. Natural Gas, Electric
Battery, and Zero Emission Vehicles.''; was AGREED TO
by unanimous consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Babin (#1KKK); Strike section
9510 of the bill (and redesignate accordingly).; was
WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Lipinski (#1LLL); Add at the
end of subtitle F of title I of division B a new
section entitled ``Sec. 16__. National Advanced
Technology Transit Bus Development Program.''; was
AGREED TO by unanimous consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Gibbs (#1MMM); Strike section
6006 of the bill.; was NOT AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Maloney (#1NNN); At the end
of the bill, add a new division entitled Division __.--
National Scenic Byways Program.; was AGREED TO by
unanimous consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Gibbs (#1OOO); Strike section
9511 of the bill.; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Cohen (#1PPP); At the end of
title III of division B of the bill, add a new section
entitled ``Sec. __. Impaired Driving
Countermeasures.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Gibbs (#1QQQ); Strike section
4202 of the bill (and redesignate accordingly).; was
NOT AGREED TO by a record vote of 24 yeas and 39 nays
(Roll Call Vote No. 29).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Garamendi (#1RRR); Page 607,
line 25, insert ``and'' at the end.
Page 608, line 3, strike ``and'' at the end.
Page 608, strike lines 4 through 7.; was NOT AGREED
to by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Stauber (#1SSS); Page 421,
after line 15, insert a new section entitled ``SEC. __.
Injunctive Relief''; was NOT AGREED TO by a record vote
of 26 yeas and 37 nays (Roll Call Vote No. 30).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Cohen (#1TTT); Page 675,
strike lines 7 through 9 and insert the following:
(A) complete a pilot program pursuant to section
31315(c) of title 49, United States Code, to--
(i) study the operational details, benefits, and
safety impacts of installing side underride guards on
trailers, semi-trailers, and single unit trucks; and
(ii) collect sufficient statistically significant
data in order to inform the Secretary in making the
assessment required under this subsection;
Page 675, line 19, strike ``research'' and insert
``pilot program''.
Page 676, insert after line 22 insert a new paragraph
entitled ``(5) Report on Pilot Program.'' was NOT
AGREED TO by voice vote.
An en bloc amendment to the Amendment in the Nature
of a Substitute offered by Mr. Lynch (#1UUU) consisting
of the following amendments:
An amendment, Page 421, after line 15 insert a new
section entitled ``Sec. __. GAO Study.''
An amendment, Page 227, after line 16, insert a new
subparagraph entitled ``(4) Rural School District
Outreach.''
An amendment, Page 396, after line 1, insert the
following (and redesignate subsequent clauses
accordingly): (ii) the Secretary of Agriculture;
An amendment, Page 384, line 17, through page 385,
line 3, redesignate subparagraphs (A) through (H) as
clauses (i) through (viii).
Page 384, line 13, insert ``(A)'' before ``In
promulgating''.
Page 385, after line 3, insert the following new
subparagraphs: (B) The Secretary shall ensure that the
entities consulted under clauses (iii) through (vi) of
subparagraph (A) include rural areas and populations
with 3 limited access to broadband infrastructure. (C)
The Secretary shall ensure that the entities consulted
under clause (vii) of subparagraph (A) include entities
who provide broadband to rural areas and populations
with limited access to broadband infrastructure.
An amendment, Page 355, line 24, strike ``Section
203(a)'' and insert ``(a) In General.--Section
203(a)''.
Page 358, after line 5, insert a new subsection
entitled ``(b) GAO Study Regarding NPS Maintenance.''
An amendment, Page 421, after line 15, insert a new
section entitled ``Sec. 1617. Guidance on Evacuation
Routes.''
An amendment, At the end of subtitle F of title I of
division B of the bill add the following new sections
entitled; ``Sec. __ Short Title.''; ``Sec. __.
Findings.''; ``Sec. __. Sense of Congress Regarding
Women in Trucking.''; ``Sec. __. Definitions.''; and
``Sec. __. Women of Trucking Advisory Board.''
An amendment, At the end of subtitle F of title I of
division B of the bill add the following new sections
entitled; ``Sec. __. Short Title.''; ``Sec. __.
Motorcycle Advisory Council.''; ``Sec. __. Duties of
the Secretary.''; and ``Sec. __. Definitions.''
An amendment, Page 505, at line 14, strike the
closing quotation marks and the second period, and
after line 14 insert the following new subparagraph
entitled ``(r) Treatment of Steel and Iron Components
as Produced in the United States.''
An amendment, At the end of subtitle F of title I of
division B a new section entitled ``Sec. __.
Certification Requirements.''
An amendment, At the end of the subtitle F of title I
of division B of the bill add a new section entitled
``Sec. __. Identification of COVID-19 Testing Needs of
Critical Infrastructure Employees.''
An amendment, At the end of subtitle F of title I of
division B of the bill add a new section entitled
``Sec. __. Prohibiting Use of Federal Funds for
payments in Support of Congressional Campaigns.''
An amendment, Page 351, after line 6 insert a new
subparagraph entitled ``(4) Working with the Private
Sector.''
An amendment, Page 135, line 18, insert ``and the
development of such projects and programs that help
agencies''' after ``or protective features,''.
Page 135, line 23, strike ``and'' at the end.
Page 136, line 11, strike the period and insert ``;
and''.
Page 136, after line 11, insert the following: ``(D)
recover from incidents that significantly disrupt a
regions transportation system including the following:
``(i) Pre-disaster training programs that help agencies
and regional stakeholders plan for and prepare
multimodal recovery efforts. ``(ii) Establishment of
regional wide telework training and programs.''.
An amendment, At the end of subtitle F of title I of
division B add a new section entitled ``Sec. __. Stop
Motorcycle Checkpoint Funding.''
An amendment, At the end of subtitle C of title V of
division B of the bill add a section entitled ``Sec.
__. Third-Party Data Integration Pilot Program.''
An amendment, Page 421, after line 15, insert a new
section entitled ``Sec. __. Fiscal Constraint on Long-
Range Transportation Plans.''
An amendment, Page 275, line 20, strike ``and''.
Page 275, line 24, strike the period and insert ``;
and''.
Page 275, after line 24, insert the following: ``(8)
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.''., was AGREED TO by voice
vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Stauber (#1VVV); In
subsection (a)(1)(B) of section 1112 of division B of
the bill (relating to Buy America), strike ``and'' at
the end.
In subsection (a)(1)(C) of section 1112 of division
B, insert ``and'' after the semicolon.
In subsection (a)(1) of section 1112 of division B,
add at the end the following:
(D) by inserting ``copper, nickel, cobalt, 1 platinum
group elements, rare earth elements, 2 or other
minerals extracted from within the 3 United States and
insular territories,'' after 4 ``iron,''. 5
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. __.
Findings.''; was NOT AGREED TO by a record vote of 31
yeas and 31 nays, with 1 voting Present. (Roll Call
Vote No. 31).
An amendment to the Amendment in the Nature of a
Substitute offered by Mrs. Fletcher (#1WWW); Page 468,
after line 10, insert a new section entitled ``Sec. __.
High Intensity Bus Route.'', was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Stauber (#1XXX); At the end
of title II of division C of the bill add a new section
entitled ``Sec. __. Permits for Dredged or Fill
Material.''; was NOT AGREED TO by a record vote of 25
yeas and 38 nays (Roll Call Vote No. 32).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Cohen (#1YYY);
Page 660, beginning on line 3, strike ``notice of
proposed rulemaking to consider'' and insert ``final
rule''.
Page 661, beginning on line 8, strike ``notice of
proposed rulemaking'' and insert ``final rule''.
Page 661, line 10, strike ``more than 3 years''' and
insert ``1 year''.
Page 661, line 13, strike ``2 years''' and insert ``1
year''.
Page 661, line 12, strike ``Not later'' and insert
``(1) Not later'' (and redesignate the following
paragraphs as subparagraphs).
Page 661, after line 22, insert the following:
(2) Application Of Regulations.--Any regulation
issued under this subparagraph shall apply to
schoolbuses manufactured on and after the date that is
1 year after the date on which the regulation takes
effect.
Page 661, line 24, strike ``2 years''' and insert ``1
year''.
Page 661, line 23, strike ``Not later'' and insert
``(1) Not later'' (and redesignate the following
paragraphs as subparagraphs).
Page 662, after line 11, insert the following:
(2) Application Of Regulations.--Any regulation
issued under this subparagraph shall apply to
schoolbuses manufactured on and after the date that is
1 year after the date on which the regulation takes
effect.
Page 663, line 3, strike ``may issue'' and insert
``shall issue, not later than 1 year after the date of
enactment of this Act,''.; was NOT AGREED TO by voice
vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Stauber (#1ZZZ); In
subsection (a) of section 1211 of division B of the
bill (relating to electric vehicle charging stations)
in the matter proposed to be inserted into chapter 1 of
title 23, United States Code, add a new subsection
entitled ``(e) Certification.''
In subsection (b)(5) of section 1303 of division B of
the bill (relating to grants for charging and fueling
infrastructure to modernize and reconnect America for
the 21st century) in the matter proposing to add
subsection (f) to section 151 of title 23, United
States Code, add a new paragraph entitled ``(8)
Certification.''
In subsection (a)(2)(D) of section 2403 of division B
of the bill (relating to zero emission bus grants),
strike ``and'' at the end.
In subsection (a)(3) of section 2403 of division B,
strike the period at the end and insert ``; and''.
In subsection (a) of section 2403 of division B, add
at the end the following:
(4) by adding at the end a new paragraph entitled
``(8) ``Certification''
At the end of subtitle E of title V of division B of
the bill, add new section entitled ``Sec. __.
Certification on Ensuring no Human Rights Abuses.'';
was AGREED TO by a record vote of 43 yeas and 19 nays
with 1 voting Present (Roll Call Vote No. 33).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Lynch (#1AAAA); Page 46, line
20, strike ``$120,000,000'' and insert
``$150,000,000''.; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Stauber (#1BBBB); At the end
of subtitle C of title I, add a new section entitled
``Sec. 1310. Sense of Congress.''; was AGREED TO by
unanimous consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Lynch (#1CCCC);
Page 794, line 22, strike ``$67,000,000'' and insert
``$78,000,000''.
Page 794, line 23, strike ``$68,000,000'' and insert
``$79,000,000''.
Page 794, line 24, strike ``$69,000,000'' and insert
``$80,000,000''.
Page 794, line 25, strike ``$71,000,000'' and insert
``$82,000,000''.
Page 795, line 1, strike ``$72,000,000'' and insert
``$83,000,000''.
Page 795, line 14, strike ``$4,000,000'' and insert
``$15,000,000''.; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Bost (#1DDDD); In section
1206 of division B of the bill (relating to
transportation alternatives program) in the matter
proposed to amend section 133(h) of title 23, United
States Code, strike paragraph (3) and insert a new
paragraph entitled ``(3) Eligible Projects.''; was NOT
AGREED TO by a record vote of 27 yeas and 36 nays (Roll
Call Vote No. 34).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Lynch (#1EEEE); Page 192,
line 11, insert ``do not restrict evacuation routes
from Federal buildings within 1500 feet of the project
or activity and'' after ``that''.; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Bost (#1FFFF); In section
4306 of the bill, strike subsection (f) (and
redesignate succeeding subsections accordingly).; was
NOT AGREED to by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Lynch (#1GGGG);
Page 36, line 16, strike ``and'' at the end.
Page 36, after line 16, insert the following (and
redesignate accordingly:
(B) any project for which funds are provided from
amounts under the heading ``Office of the Secretary--
National Infrastructure Investments''' in the
Department of Transportation Appropriations Act, 2016
(title I of division L of Public Law 114-113), the
Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2018 (title I of
division L of Public Law 115-141), or any subsequent
appropriation Act; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Gallagher (#1HHHH); At the
end of subtitle F of title I of division B of the bill
add the following sections: ``Sec. __ Short Title.'';
and ``Sec. __. Vehicle Weight Exemptions.''; WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Carson of IN; At the end of
title I add a new section entitled ``Sec. 1617.
Requirements for Amphibious Passenger Vessels to Remain
Afloat and Upright in the Event of Flooding.''; was
WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Mast (#1JJJJ); Page 164,
after line 21, insert the following new subparagraph
(and redesignate succeeding subparagraphs accordingly):
(B) in paragraph (1)--(i) in subparagraph (E) by
striking ``and'' at the end; (ii) in subparagraph (F)
by striking the period at the end and inserting ``;
and''; and (iii) by adding at the end the following:
``(G) roads in rural areas that primarily serve to
transport agricultural products from a farm or ranch to
a marketplace.'';
Page 166, line 12, strike ``(5)'' and insert ``(6)''.
Page 166, strike lines 13 through 16 and insert the
following new subparagraph: (D) by inserting after
paragraph (3) the following: ``(4) for a project
described in section 5308 of 1 title 49; ``(5) for a
project described in subsection 3(b)(1)(G) of this
section; and''; was NOT AGREED to by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Maloney of NY (#1KKKK); In
section 1101 of division B of the bill (relating to
authorization of appropriations), add at the end a new
subparagraph entitled ``(d) Limitation on Financial
Assistance for State-Owned Enterprises.''
In section 2101 of division B of the bill (relating
to authorizations), in the matter proposing to amend
section 5338 of title 49, United States Code, add at
the end a new subparagraph entitled ``(g) Limitation on
Financial Assistance for State-Owned Enterprises.''
In section 9101 of division D of the bill (relating
to authorization of appropriations), add at the end a
new subparagraph entitled ``(o) Limitation on Financial
Assistance for State-Owned Enterprises.''; was AGREED
TO by a record vote of 62 yeas and 1 nay (Roll Call
Vote No. 35).
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Graves of LA (#1LLLL); At the
end of subtitle F of title I of division B of the bill,
add a new section entitled ``Sec. __. Electronic
Driver's License.''; was AGREED TO by unanimous
consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Lynch (#1MMMM); Page 49, line
6, strike ``350,000,000'' and insert ``$375,000,000''.
Page 271, after line 17, insert a new subsection
entitled ``(G) United States Postal Service Charging
Stations.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Graves of LA (#1NNNN); At the
end of subtitle F of title I of Division B add a new
section entitled ``Sec. __. High Priority Corridors on
National Highway System.''; was tabled.
An amendment to the Amendment in the Nature of a
Substitute offered by Ms. Finkenauer (#1OOOO); At the
end of subtitle F of title I of division B of the bill
add a new section entitled ``Sec. __. Clean Fuels Grant
Program.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Graves of LA (#1PPPP); At the
end of subtitle C of title V of division B of the bill
add a new section entitled ``Sec. __. Third Party Data
Planning Integration Pilot Program.''; was AGREED TO by
voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Graves of LA (#1QQQQ); Strike
section 2106 and insert a new section entitled ``Sec.
2106. Fiscal year 2022 Formulas.''; was NOT AGREED TO
by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Lamb (#1RRRR); Page 499,
after line 5, insert the following new paragraphs
entitled ``(6) Prohibition on Double Counting.''; and
``(7) Definition of Highly Skilled Labor Costs.''; was
AGREED TO by unanimous consent.
An amendment to the Amendment offered by Mr. Lamb to
the Amendment in the Nature of a Substitute offered by
Mr. Davis of IL (#1RRRR(1)); Strike the amendment and
insert the following: Page 696, line 18, insert ``,
including an evaluation of whether and how the use of
marijuana affects an operator of a motor vehicle, and
the development of an objective standard for measuring
marijuana impairment on an operator of a motor
vehicle'' before the period.
Page 703, after line 2, insert the following:
(E) by inserting after paragraph (4) a paragraph
entitled ```(5) Collaboration.''
Page 703, after line 18, insert the following:
(6) in subsection (d)--
(A) in paragraph (2)--(i) in subparagraph (A) by
striking 1 ``and'' at the end; (ii) in subparagraph (B)
by striking the period and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) 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 on the status of
the research conducted on the effects of marijuana
described under subsection (b)(4)(A) and such report
shall identify any procedural, regulatory, or legal
barriers to conducting meaningful marijuana impaired
driving research, including the quality of marijuana
and marijuana products available to researchers.''; and
(B) by adding at the end the following: ``(4)
Definition of Marijuana.--In this subsection, the term
`marijuana' has the meaning given the term `marihuana'
in section 102(16) of the Controlled Substances Act.''.
; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Rouzer (#1SSS); Page 608,
after line 22, insert the following (and redesignate
accordingly): (2) in subsection (c)(3)(E) by striking
``5'' and inserting ``10'', was AGREED TO by unanimous
consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Lynch (#1TTTT); Page 518,
line 23, strike ``matter.'' and insert ``matter; and''.
insert the following: Page 518, after line 23, insert
the following: 1 (E) 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 5 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.''.
Page 519, line 2, strike the second period and insert
a new paragraph entitled ``(6) Low and Moderate
Community Grants.'': was AGREED TO by unanimous
consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Babin (#1UUUU); Page 421,
after line 15, insert a new section entitled ``Sec. __.
Future Interstate Designation and Operation.''; was
WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Graves of LA (#1VVVV); Page
155, after line 23, insert a new subsection entitled
``(h) Predisaster Hazard Mitigation Pilot Program.'';
was AGREED TO by unanimous consent.
An amendment to the Amendment in the Nature of a
Substitute offered by offered by Mr. Graves of LA
(#1WWWW); At the end of subtitle F of title I of
division B of the bill add a new section entitled
``Sec. __. Establishment of National Foundation for
Resilience.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Graves (#1XXXX); Page 292,
line 18, strike ``1,000,000'' and insert ``500,000''.
Page 294, after line 17, insert a new paragraph
entitled ``(2) Geographic Distribution.''
Page 295, strike line 5 and insert the following (and
redesignate accordingly): (C) maximize the use of
existing capacity or introduce new capacity which
diverts traffic from areas of recurrent transportation
congestion;
Page 298, strike lines 16 and 17 and insert the
following: (iii) maximizes the use of existing capacity
or introduces new capacity which diverts freight
traffic from areas of recurrent transportation
congestion.; was NOT AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Crawford (#1YYYY); Page 505,
line 14, strike ``;.''
Page 505, after line 14, insert a new subparagraph
entitled ``(r) Requirement for Transit Agencies.''; was
AGREED TO BY voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Crawford (#1ZZZZ); At the end
of subtitle F of title I of division B, add a new
section entitled ``Sec. __. Special Rule for certain
Rolling Stock Procurements.''; was AGREED TO by voice
vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Crawford (#1AAAAA); At the
end of subtitle F of title I of division B, add a new
section entitled ``Sec. __. Certification
Requirements.''; was AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Crawford (#1BBBBB); Strike
section 9204 (Amtrak Preference Enforcement).; was
WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Crawford (#1CCCCC); Page 826,
line 5, strike ``(3)'' and insert ``(4)''.; was
WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Crawford (#1DDDDD); Strike
division C of the bill and insert a new division
entitled ``Division C--Hazardous Materials
Transportation.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Davis of IL (#1EEEEE); At the
end of subtitle F of title I of division B of the bill
add a new section entitled ``Sec. __. Prohibiting Use
of Federal Funds for Payments in Support of
Congressional Campaigns.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Davis of IL (#1FFFFF); At the
end of subtitle F of title I of division B of the bill
add a new section entitled ``Sec.__. Environmental
Reviews for Major Projects.''; was NOT AGREED TO by
voice vote.
An amendment to the amendment offered by Mr. Davis of
IL to the Amendment in the Nature of a Substitute
offered by Mr. Graves of LA (#1FFFFF(1)); At the end of
subtitle F of title I of division B, insert a new
section entitled ``SEC. 16__. Environmental Reviews for
Major Projects.''; was NOT AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Webster of FL (#1GGGGG); Add
at the end a new division entitled ``Division__--
Infrastructure Bank for America''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Davis of IL (#1HHHHH); Page
542, after line 20, insert a new subparagraph entitled
``(d) Applicability.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr Davis of IL (#1IIIII); Page
696, line 18, insert ``, including an evaluation of
whether and how the use of marijuana affects an
operator of a motor vehicle, and the development of an
objective standard for measuring marijuana impairment
on an operator of a motor vehicle'' before the period.
Page 703, after line 2, insert the following:
(E) by inserting after paragraph (4) the following:
``(5) COLLABORATION.--In awarding grants under this
section for purposes of the research conducted on the
effects of marijuana described under subsection
(b)(4)(A), the Secretary shall consider grant
recipients with a demonstrated ability of collaboration
with the National Institute on Drug Abuse and other
relevant federal agencies.''.
Page 703, after line 18, insert the following:
(6) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A) by striking 1 ``and'' at the
end;
(ii) in subparagraph (B) by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(C) 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 on the status of
the research conducted on the effects of marijuana
described under subsection (b)(4)(A) and such report
shall identify any procedural, regulatory, or legal
barriers to conducting meaningful marijuana impaired
driving research, including the quality of marijuana
and marijuana products available to researchers.''; and
(B) by adding at the end the following:
``(4) DEFINITION OF MARIJUANA.--In this subsection,
the term `marijuana' has the meaning given the term
`marihuana' in section 102(16) of the Controlled
Substances Act.''.; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Smucker (#1JJJJJ); Page 868,
after line 13 insert a new section entitled ``Sec. __.
Expedited Property Conveyance.''; was WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Graves of LA (#1KKKKK); At
the end of subtitle F of title I of division B of the
bill add a new section entitled ``Sec. __. Application
of Existing Department of Energy Determinations to
Select Airport Infrastructure Projects.''; was NOT
AGREED TO by voice vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Graves of LA (#1LLLLL); At
the end of subtitle F of title I of division B of the
bill add a new section entitled ``Sec. __. Aviation
Development Streamlining.''; was NOT AGREED TO by voice
vote.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Smucker (#1MMMMM); At the end
of subtitle F of title I of division B insert new
sections entitled: ``Sec. __. Airport Innovative
Financing Techniques.''; and ``Sec. __. Small Airport
Letters of Intent.''; was AGREED TO by unanimous
consent.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Graves of LA (#1NNNNN); Page
632, after line 15, insert the following new
subparagraph (and redesignate accordingly) entitled
``(b) Commercial Driver's License Program
Implementation Financial Assistance Program.''; was
WITHDRAWN.
An amendment to the Amendment in the Nature of a
Substitute offered by Mr. Smucker (#1OOOOO); Strike
sections 9401 and 9402 of the bill.; was WITHDRAWN.
An en bloc amendment to the Amendment in the Nature
of a substitute offered by Mr. Graves of MO (#1PPPPP)
consisting of the following amendments:
An amendment: At the end of subtitle F of title I of
Division B add a new section entitled ``Sec. __. High
Priority Corridors on National Highway System.''
An amendment: Strike section 1604 of the bill and
insert section entitled ``Sec. 1604. Balance Exchanges
for Infrastructure Program.''
An amendment: Page 544, after line 21, insert a new
section entitled ``Sec. 260_. Technical Assistance and
Workforce Development.''
An amendment: Page 468, after line 10, insert a new
section entitled ``Sec. 210_. General Provisions.''
An amendment: Page 512, after line 15, insert the
following: (3) designate the Ohio State University,
with backup support to Altoona, as the autonomous and
ADAS test development facility for all bus testing with
autonomous or ADAS technology.
An amendment: Page 632, after line 15, insert the
following new subparagraph (and redesignate
accordingly) entitled ``(b) Commercial Driver's License
Program Implementation Financial Assistance Program.''
An amendment: Page 421, after line 15, insert a new
section entitled ``Sec. 1617. Guidance on Inundated and
Submerged Roads.''
An en bloc amendment to the Amendment in the Nature
of a Substitute offered by Mr. Graves of MO (#1QQQQQ)
consisting of the following:
An amendment: Page 928, after line 12, insert a new
division entitled ``Division __--Resiliency.''
An amendment: In subsection (a)(5) of section 1101 of
the bill (relating to authorization of appropriations),
strike ``$310,000,000'' and insert ``$510,000,000''.
An amendment: Page 295, line 6, strike ``and''.
Page 295, line 9, strike the period and insert ``;
and''.
Page 295, after line 9, insert the following: (E)
provide local funds above what is required by the
section, not including any other funds derived from
this Act and the amendments made by this Act.
Page 295, line 13, strike ``60 percent'' and insert
``80 percent''.
Page 295, line 19, strike ``80 percent'' and insert
``100 percent''.
An amendment: At the end of subtitle C of title IV of
division B of the bill add a new section entitled
``Sec. __. Apprenticeship for Commercial Drivers Under
the Age of 21.''
An amendment: Page 474, line 24, strike ``90
percent'' and insert ``82 percent''.
Page 475, line 3, strike ``8 percent'' and insert
``18 percent''.
Page 475, line 5, insert ``and'' after the semicolon.
Page 475, strike line 6 and all that follows through
line 22.
Page 475, after line 5, insert the following: (C) by
adding at the end the following:
``(3) 8 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 is
entitled to receive an amount equal to--``(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 ``(B) the total number of bus
passenger miles traveled on the highest 25 percent of
25 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.''.
Page 475, line 23, strike ``(3)'' and insert ``(4)''.
Page 476, line 3, strike ``(4)'' and insert ``(5)''.
An amendment: At the end of subtitle C of title IV of
division B add a new section entitled ``Sec. __.
Application of Commercial Motor Vehicle Safety.''
An amendment: Page 674, strike line 25 and all that
follows through page 675, line 2 and insert ``or is in
a condition that renders such guard ineffective''.
An amendment: At the end insert a new section
entitled ``Sec. __. Guidance on Inundated and Submerged
Roads.''
An amendment: Page 48, line 19, strike
``$2,200,000,000'' and insert ``$4,500,000,000''.
Page 48, line 20, strike ``$2,200,000,000'' and
insert ``$4,500,000,000''.
Page 48, line 21, strike ``$2,300,000,000'' and
insert ``$4,500,000,000''.
Page 48, line 23, strike ``$2,350,000,000'' and
insert ``$4,500,000,000''.
Page 421, after line 15, insert a new sections
entitled ``Sec. __. Treatment of Funds Provided for
High-Speed Rail Development in California.''
``Sec. __. Approvals for High-speed Rail Projects.''
An amendment: Strike section 9553 of the bill (and
redesignate accordingly).
An amendment: Page 628, after line 21, insert a new
section entitled ``Sec. 2. Pilot Program on Drugged
Driving Prevention.''
An amendment: In section 2103 of title II of division
B of the bill (relating to general provisions), add at
the end the following: (6) in subsection (t)(4), as
redesignated by paragraph (5)--
(A) in the subsection heading strike ``RAIL''; and
(B) in subparagraph (A)--
(i) by striking ``section 5337'' and inserting
``sections 5337 and 5339'';
(ii) by striking ``that operates rail fixed guideway
service''; and
(iii) by striking ``rail'' each place such term
appears.
An amendment: Strike section 9512 of the bill (and
redesignate accordingly).
An amendment: Page 45, after line 6, add a new
subparagraph entitled ``(c) Deauthorization.''
An amendment: At the end to subtitle F of title I of
division B of the bill add a new section entitled
``Sec. __. COVID-19 Emergency Stabilization for Airport
Sponsors.''
An amendment: Page 306, strike lines 19 through 20
and insert the following:
(4) address connecting areas of economic distress to
job centers, including those located in nearby urban
centers; and
Page 307, strike lines 9 through 12 and insert a new
subparagraph entitled ``(k) Definition of Rural
Community.''
An amendment: Page 421, after line 15, insert a new
section entitled ``Sec. __. Sponsor Preparation.''
An amendment: Page 421, after line 15, insert a new
section entitled ``Sec. __. Definition of
Significance.''
An amendment: Page 421, after line 15, insert a new
section entitled ``Sec. __. Determining Significance.''
An amendment: Page 421, after line 15, insert a new
section entitled ``Sec. __. Deadline.''
An amendment: Page 421, after line 15, insert a new
section entitled ``Sec. __. Estimated Total Cost.''
An amendment: Strike section 1403 of the bill.
An amendment: Page 421, after line 15, insert a new
section entitled ``Sec. __. Judicial Review.''
An amendment: Page 232, after line 6, insert a new
subparagraph entitled ``(d) Small Projects.''
An amendment:
Page 198, strike lines 13 through 15.
Page 204, strike line 19 and all that follows through
page 205, line 2.
Page 369, line 4, strike ``or (3)''.
An amendment:
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. __. Airport
Emergency Guaranteed Investment Stabilization
Program.''
An amendment: At the end of subtitle F of title I of
division B, add a new section entitled ``Sec. __.
Consolidated Funding Program.''
An amendment: At the end of subtitle F of title I of
division B, add a new section entitled ``Sec. __.
Formula Grants for Rural Areas.''
An amendment: At the end of subtitle F of title I of
division B add a new section entitled ``Sec. __.
Enhanced Mobility of Seniors and individuals with
Disabilities.''
An amendment: Add at the end a new division entitled
``Division E--Invest in American railroads.''
An amendment: Page 259, line 13, insert ``and natural
gas fueling infrastructure'' before ``along''.
Page 259, line 15, insert ``and natural gas
vehicles'' after ``vehicles''.
Page 261, line 10, insert ``and natural gas fueling
infrastructure'' after ``hydrogen fueling
infrastructure''.
Page 261, line 18, insert ``and natural gas fueling
infrastructure'' after ``fueling infrastructure''.
In subsection (b) of section 1303 of division B of
the bill in the matter proposing to add subsection (f)
to section 151 of title 23, United States Code, insert
``and natural gas fueling infrastructure'' after
``hydrogen fueling infrastructure'' each place it
appears.
Page 263, line 21, insert ``and natural gas fuel
providers'' after ``fuel providers''.
An amendment: Page 273, line 19, insert
``percentage'' after ``significant''.
Page 273, line 20, insert ``beyond reductions that
are part of a State or local emissions reduction target
that existed prior to the date of enactment of this
section'' after ``emissions''.
Page 274, line 2, strike the period at the end and
insert ``; and''.
Page 274, after line 2, insert the following: ``(3)
projects that are part of State or local programs and
initiatives that were announced prior to the date of
enactment of this section shall not be eligible.''.
Page 274, line 19, insert ``percentage'' before
``reductions''.
An amendment: Page 517, line 20, insert ``, unless
such area is currently out of compliance with a
standard that was issued more than 10 years prior to
the date of enactment of this section'' after ``U.S.C.
7407(d))''.
An amendment: Page 518, line 22, strike ``and''.
Page 519, line 2, strike the first period and insert
``; and''.
Page 519, line 2, strike the closing quotation mark
and the period at the end.
Page 519, after line 2, insert the following: ``(D)
for which the recipient has certified that at least 51
percent of critical mineral and rare earth content in
the buses were either domestically sourced or
domestically sourced jointly with countries that have a
mutual defense alliance with the United States.''.
An amendment: Page 73, line 3, insert ``and the
United States should advance policies that do not
increase costs on low-income families or increase
reliance on foreign sources for energy or critical
minerals while reducing global emissions'' after
``critical''.
An amendment: Page 275, line 12, insert ``, including
increased household expenditures for transportation and
energy,'' after ``impacts''.
An amendment: Page 421, after line 15, insert a new
section entitled ``Sec. __. Transfer of Highway and
Transit Funds.''
An amendment: Strike section 9102 of the bill.
An amendment: Strike section 1213 from the bill.
An amendment: Strike section 2403 from the bill.
An amendment: Page 130, after line 7, insert a new
paragraph entitled ``(4) Prohibition on Waiver.''
An amendment: Strike section 4103 of the bill (and
redesignate accordingly).
An amendment: Strike section 4301 of the bill (and
redesignate accordingly).
An amendment: Strike section 4403 of the bill (and
redesignate accordingly).
An amendment: Page 441, line 2, insert ``and'' after
the semicolon.
Page 441, line 15, strike ``; and'' and insert a
period.
Page 441, strike lines 16 through 18.
An amendment: Strike section 9103 of division D of
the bill (relating to consolidated rail infrastructure
and safety improvement grants) and insert a new section
entitled ``Sec. 9103. Consolidated Rail Infrastructure
and Safety Improvement Grants.''
An amendment: Page 336, strike lines 18 through 21,
and insert a new paragraph entitled ``(7) Global
Climate Change.''
An amendment: Page 915, after line 2, insert a new
section entitled ``Sec. 9518. Controlled Substances
Testing for Mechanical Employees.''
An amendment: Strike lines 5 through 13 and insert a
new paragraph entitled ``(7) Agricultural Commodity.''
An amendment: At the end of subtitle B of title I,
add a new section entitled ``Sec. __. William T.
Coleman, Jr., Federal Building.''
An amendment: Page 794, after line 10, insert a new
section entitled ``Sec. __. Alternative Arrangements.''
An amendment: At the end of title I of division B,
add new section entitled ``Sec. __. Prohibition on
Autonomous Zones.''
An amendment: Add at the end of subtitle F of title I
of division B, a new section entitled ``Sec. __.
Limitations on Travel or Mobility.''
An amendment: Page 304, after line 1, insert the
following new paragraph (and redesignate succeeding
paragraphs accordingly): (2) a territory of the United
States;
An amendment: Page 90, line 12, strike ``; and'' and
insert a period.
Page 90, strike line 13 and all that follows through
page 91, line 2 (and redesignate appropriately).
An amendment: Page 794, after line 10, insert a new
section entitled ``Sec. __. Alternative Arrangements.''
An amendment: Page 272, after line 6, add a new
subparagraph entitled ``(c) Study.''
An amendment: Page 47, line 15, strike
``$400,000,000'' and insert ``$280,000,000''.
Page 47, line 16, strike the period and insert a
semicolon.
Page 47, line 19, strike ``$50,000,000'' and insert
``$30,000,000''.
Page 47, line 20, strike ``and.''.
Page 47, line 22, strike ``$50,000,000'' and insert
``$115,000,000''.
Page 47, line 24, strike the period and insert ``;
and''.
Page 47, after line 24, insert the following: Page
50, line 10 insert ``of paragraph (1)'' after ``(D)''.
(IV) the amount for the Bureau of Land Management is
$25,000,000.
An amendment: Page 590, after line 20, insert a new
subsection entitled ``(2) Limitation.''
An amendment: At the end of subtitle F of title I of
division B of the bill add a new section entitled
``Sec. __. Airport Planning and Development and Noise
Compatibility Planning and Programs.''
An amendment: At the end of subtitle F of title I of
division B of the bill ``Sec. __. Air Traffic Control
System Task Force .''
An amendment: Page 659, after line 20 insert a new
section entitled ``Sec. __. Revised Agricultural
Exemptions.''
An amendment: Strike section 9510 of title V of
division D of the bill and insert a new section
entitled ``Sec. 9510. Safe Cross Border Operations.''
An amendment: Page 442, strike lines 4-8.
At the end of Section 2104 (Page 446), insert: a new
section entitled ``Sec. __. Flexible Transportation
Investments.''
A Substitute Amendment in the Nature of a Substitute
to H.R. 2 offered by Mr. Graves of Missouri (#2); was
NOT AGREED TO by a record vote of 25 yeas and 35 nays
(Roll Call Vote No. 36).
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
The Committee on Transportation and Infrastructure
considered H.R. 2 on June 17 and 18 2020, and took the
following votes:
An Amendment offered by Mr. DeFazio (#1A) was Agreed To: 35
yeas and 25 nays (Roll Call Vote No. 13). The vote was as
follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 13
On agreeing to Amendment #1A offered by Mr. DeFazio
Agreed to: 35 yeas and 25 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 36 27
An Amendment offered by Mr. Perry (#1E) was Not Agreed To:
26 yeas and 36 nays (Roll Call Vote No. 14). The vote was as
follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 14
On agreeing to Amendment #1E offered by Mr. Perry
Not Agreed to: 26 yeas and 36 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio, Chair........................... X Mr. Graves of MO, Ranking Member..... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ Mr. Smucker.......................... X
Mr. DeSaulnier............................... X Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 26 36
An Amendment offered by Mr. Perry (#1K) was Not Agreed To:
23 yeas and 40 nays (Roll Call Vote No. 15). The vote was as
follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 15
On agreeing to Amendment #1K offered by Mr. Perry
Not Agreed to: 23 yeas and 40 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 23 40
An Amendment offered by Mr. Perry (#1O) was Not Agreed To:
17 yeas and 45 nays and 1 voting Present (Roll Call Vote No.
16). The vote was as follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 16
On agreeing to Amendment #1O offered by Mr. Perry
Not Agreed to: 17 yeas and 45 nays with 1 voting Present.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 17 45
Present: Miss Gonzalez-Colon of PR
An Amendment offered by Mr. Perry (#1Q) was Not Agreed To:
26 yeas and 37 nays (Roll Call Vote No. 18). The vote was as
follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 18
On agreeing to Amendment #1Q offered by Mr. Perry
Not Agreed to: 26 yeas and 37 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford.........................
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... X Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 26 37
An Amendment offered by Mr. Perry (#1S) was Not Agreed To:
20 yeas and 43 nays (Roll Call Vote No. 19). The vote was as
follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 19
On agreeing to Amendment #1S offered by Mr. Perry.
Not Agreed to: 20 yeas and 43 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford.........................
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... X Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 20 43
An Amendment offered by Mr. Perry (#1U) was Not Agreed To:
21 yeas and 40 nays (Roll Call Vote No. 20). The vote was as
follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 20
On agreeing to Amendment #1U offered by Mr. Perry
Not Agreed to: 21 yeas and 40 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford.........................
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX......................
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... X Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 21 41
An Amendment offered by Mr. Perry (#1W) was Not Agreed To:
22 yeas and 40 nays (Roll Call Vote No. 21). The vote was as
follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 21
On agreeing to Amendment #1W offered by Mr. Perry.
Not Agreed to: 22 yeas and 40 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford.........................
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... X Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 22 40
An Amendment offered by Mr. Perry (#1Y) was Not Agreed To:
23 yeas and 40 nays (Roll Call Vote No. 22). The vote was as
follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 22
On Agreeing to Amendment #1Y offered by Mr. Perry.
Not Agreed to: 23 yeas and 40 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford.........................
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... X Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 23 40
An Amendment offered by Mrs. Fletcher (#1Z) was Agreed To:
37 yeas and 26 nays (Roll Call Vote No. 23). The vote was as
follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 23
On Agreeing to Amendmetn #1Z offered by Mrs. Fletcher.
Agreed to: 37 yeas and 26 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford.........................
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... X Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 37 26
An Amendment offered by Mr. Perry (#1AA) was Not Agreed To:
26 yeas and 36 nays (Roll Call Vote No. 24). The vote was as
follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 24
On agreeing to Amendment #1AA offerd by Mr. Perry
Not Agreed to: 26 yeas and 38 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford.........................
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... X Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 26 38
An Amendment offered by Mr. Pence (#1II) was Not Agreed To:
27 yeas and 37 nays (Roll Call Vote No. 25). The vote was as
follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 25
On agreeing to Amendment #1II offered by Mr. Pence.
Not Agreed to: 27 yeas and 37 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford.........................
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... X Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 27 37
An Amendment offered by Mr. Garcia of IL (#1Z) was Agreed
To: 37 yeas and 27 nays (Roll Call Vote No. 26). The vote was
as follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 26
On agreeing to Amendment #1ZZ offered by Mr. Garcia of IL.
Agreed to: 37 yeas and 27 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio, Chair........................... X Mr. Graves of MO, Ranking Member..... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford.........................
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 37 27
An Amendment offered by Mr. Bost (#1AAA) was Not Agreed To:
26 yeas and 37 nays (Roll Call Vote No. 27). The vote was as
follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 27
On Agreeing to Amendment #1AAA offered by Mr. Bost.
Not Agreed to: 26 yeas and 37 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford.........................
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... X Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 26 37
An Amendment offered by Mr. Mitchell (#1EEE) was Not Agreed
To: 25 yeas and 38 nays (Roll Call Vote No. 28). The vote was
as follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 28
On agreeing to Amendment #1EEE offered by Mr. Mitchell
Not Agreed to: 25 yeas and 38 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell.........................
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 25 38
An Amendment offered by Mr. Gibbs (#1QQQ) was Not Agreed
To: 24 yeas and 39 nays (Roll Call Vote No. 29). The vote was
as follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 29
On agreeing to Amendment #1QQQ offered by Mr. Gibbs.
Not Agreed to: 24 yeas and 39 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell.........................
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 24 36
An Amendment offered by Mr. Stauber (#1SSS) was Not Agreed
To: 26 yeas and 37 nays (Roll Call Vote No. 30). The vote was
as follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 30
On agreeing to Amendment #1SSS offered by Mr. Stauber
Not Agreed to: 26 yeas and 37 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell.........................
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 26 37
An Amendment offered by Mr. Stauber (#VVV) was Not Agreed
To: 31 yeas and 31 nays and 1 voting Present (Roll Call Vote
No. 31). The vote was as follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 31
On agreeing to Amendment #1VVV offered by Mr. Stauber
Not Agreed to: 31 yeas and 31 nays and 1 voting Present.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell.........................
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 31 31
Present: Mr. Lipinski
An Amendment offered by Mr. Stauber (#1XXX) was Not Agreed
To: 25 yeas and 38 nays (Roll Call Vote No. 32). The vote was
as follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 32
On agreeing to Amendment #1XXX offered by Mr. Stauber
Not Agreed to: 25 yeas and 38 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell.........................
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 25 38
An Amendment offered by Mr. Stauber (#1ZZZ) was Not Agreed
To: 43 yeas and 19 nays and 1 voting Present (Roll Call Vote
No. 33). The vote was as follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 33
On agreeing to Amendment #1ZZZ offered by Mr. Stauber.
Agreed to: 43 yeas and 19 nays with 1 voting Present.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell.........................
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 43 19
Present: Mr. Lipinski
An Amendment offered by Mr. Bost (#1DDDD) was Not Agreed
To: 27 yeas and 36 nays (Roll Call Vote No. 34). The vote was
as follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 34
On agreeing to Amendment #1DDDD offered by Mr. Bost
Not Agreed to: 27 yeas and 36 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell.........................
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 27 36
An Amendment offered by Mr. Maloney of NY (#1KKKK) was
Agreed To: 61 yeas and 1 nays (Roll Call Vote No. 35). The vote
was as follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 35
On agreeing to Amendment #1KKKK offered by Mr. Maloney of NY
Agreed to: 62 yeas and 1 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL.................... X
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... X Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin........................... X
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell.........................
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................ X
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 62 1
A Substitute Amendment in the Nature of a Substitute
offered by Mr. Graves of MO (#2) was Not Agreed To: 25 yeas and
35 nays (Roll Call Vote No. 36). The vote was as follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 36
On agreeing to Amendment #2 offered by Mr. Graves of MO
Not Agreed to: 25 yeas and 35 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL....................
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin...........................
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
1 Vote Total: 25 35
An Amendment in the Nature of a Substitute offered by Mr.
Defazio (#1), as amended, was Agreed To: 35 yeas and 25 nays
(Roll Call Vote No. 36). The vote was as follows:
One Hundred Sixteenth Congress
Roll Call Vote No. 37
On agreeing to Amendment #1, as amended.
Agreed to: 35 yeas and 25 nays.
Representative Yea Nay Representative Yea Nay
Mr. DeFazio.................................. X Mr. Graves of MO..................... X
Ms. Norton................................... X Mr. Young............................
Ms. Johnson of TX............................ X Mr. Crawford......................... X
Mr. Larsen of WA............................. X Mr. Gibbs............................ X
Mrs. Napolitano.............................. X Mr. Webster of FL....................
Mr. Lipinski................................. X Mr. Massie........................... X
Mr. Cohen.................................... Mr. Perry............................ X
Mr. Sires.................................... X Mr. Davis of IL...................... X
Mr. Garamendi................................ X Mr. Woodall.......................... X
Mr. Johnson of GA............................ X Mr. Katko............................ X
Mr. Carson of IN............................. X Mr. Babin...........................
Ms. Titus.................................... X Mr. Graves of LA..................... X
Mr. Maloney of NY............................ X Mr. Rouzer........................... X
Mr. Huffman.................................. X Mr. Bost............................ X
Ms. Brownley of CA........................... X Mr. Weber of TX...................... X
Ms. Wilson of FL............................. X Mr. LaMalfa.......................... X
Mr. Payne.................................... X Mr. Westerman........................ X
Mr. Lowenthal................................ X Mr. Smucker.......................... X
Mr. DeSaulnier............................... Mr. Mitchell......................... X
Ms. Plaskett................................. X Mr. Mast............................. X
Mr. Lynch.................................... X Mr. Gallagher........................ X
Mr. Carbajal................................. X Mr. Palmer........................... X
Mr. Brown of MD.............................. X Mr. Fitzpatrick...................... X
Mr. Espaillat................................ X Miss Gonzalez-Colon of PR............ X
Mr. Malinowski............................... X Mr. Balderson........................ X
Mr. Stanton.................................. X Mr. Spano............................
Ms. Mucarsel-Powell.......................... X Mr. Stauber.......................... X
Mrs. Fletcher................................ X Mrs. Miller.......................... X
Mr. Allred................................... X Mr. Pence............................ X
Ms. Davids of KS............................. X VACANCY..............................
Ms. Finkenauer............................... X
Mr. Garcia of IL............................. X
Mr. Delgado.................................. X
Mr. Pappas................................... X
Ms. Craig.................................... X
Mr. Rouda.................................... X
Mr. Lamb..................................... X
----------------------------------------------------------------------------------------------------------------
Vote Total: 35 25
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
The Committee conducted oversight activities, including
document requests and a hearing on how the Federal Transit
Administration (FTA) is implementing the Capital Investment
Grant (CIG) program in light of the Administration's FY 2018
and FY 2019 budget requests to phase out the program and the
FTA's June 29, 2018, Dear Colleague letter to transit agencies.
To ensure compliance with the law, Chair DeFazio and Ranking
Member Graves sent a bipartisan letter to the FTA and dozens of
transit agencies on March 8, 2019, seeking ``data that will
allow us to conduct a quantitative analysis of the CIG program
and its operations under the FAST Act.'' Committee staff
reviewed the data and majority staff released a memo at the
hearing. See https://transportation.house.gov/imo/media/doc/
Staff%20Memo%20FINAL.pdf.
The Committee also requested documents from the Office of
the Secretary of the U.S. Department of Transportation and the
Government Accountability Office (GAO) regarding lack of
transparency in decision-making for grant awards under the
Nationally Significant Freight and Highway Projects program.
Chair DeFazio and Chair Norton wrote to Secretary Chao on July
18, 2019, requesting a copy of an April 2019 Departmental memo
to all offices that administer discretionary grants directing
them to update their policies and procedures to implement past
GAO recommendations with respect to discretionary grant
evaluations, as well as updated policies that were to be sent
to the Department's Office of the Senior Procurement Executive
by June 30, 2019. The Committee received a response on December
5, 2019.
On March 5, 2020, the Committee requested from GAO copies
of the evidentiary records GAO gathered and produced as part of
the work that went into producing the following reports: a June
26, 2019, report entitled Discretionary Transportation Grants:
Actions Needed to Improve Consistency and Transparency in DOT's
Application Evaluations (GAO-19-541); and a November 2, 2017,
report entitled Discretionary Transportation Grants: DOT Should
Take Actions to Improve the Selection of Freight and Highway
Projects (GAO-18-38).
NEW BUDGET AUTHORITYAND TAX EXPENDITURES
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chair of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chair of the Committee shall cause such estimate to
be printed in the Congressional Record upon its receipt by the
Committee.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
reauthorize Federal-aid highway, transit, highway safety, motor
carrier, research, multi-modal, hazardous materials, and rail
programs through fiscal year 2025, and to make policy
modifications to such programs.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 2, as amended, establishes or reauthorizes a program of
the federal government known to be duplicative of another
federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.
FEDERAL MANDATES STATEMENT
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 2, as amended,
includes provisions that would preempt state, local, or tribal
law.
Specifically, Section 9553 establishes a 10-minute time
limit for freight trains blocking public grade crossings. The
Federal Railroad Administration is responsible for enforcement,
and also has the authority to delegate enforcement to state
entities. This provision preempts state, local, and tribal
provisions addressing blocked crossings in accordance with the
railroad safety preemption provisions in 49 U.S.C. Sec. 20106.
ADVISORY COMMITTEE STATEMENT
Section 5(b) of the Federal Advisory Committee Act requires
the report of any Committee establishing, or authorizing the
establishment of any advisory committee, to include a statement
as to whether the functions of the proposed advisory committee
are being or could be performed by one or more agencies or by
an advisory committee already in existence, or by enlarging the
mandate of an existing advisory committee. The Committee finds:
Section 4405 of the bill establishes the Advisory Committee
on Underride Protection. Consisting of no more than 20 people
selected from the truck and trailer manufacturers, motor
carriers, including independent owner-operators, law
enforcement, motor vehicle engineers, motor vehicle crash
investigators, truck safety organizations, the insurance
industry, emergency medical service providers, families of
underride crash victims, and labor organizations. The Advisory
Committee shall report to Congress biennially on underride
protection regulations. The Advisory Committee shall be
established under the Department of Transportation and include
such funds as may be necessary.
Section 5106 of the bill establishes the National
Cooperative Multimodal Freight Transportation Research Program
Advisory Committee. Consisting of at least 14 people selected
from the Department of Transportation, other relevant Federal
agencies, a State department of transportation, a local
government (other than a metropolitan planning organization), a
metropolitan planning organization, the trucking industry, the
railroad industry, the port industry, the logistics industry,
the shipping industry, a safety advocacy group with expertise
in freight transportation, academia with expertise on freight
transportation, academia with expertise on the greenhouse gas
contributions of freight movement, and a labor organization.
The Advisory Committee shall report to the Secretary on an
ongoing basis on multimodal freight transportation research.
The Advisory Committee shall be established under the
Department of Transportation and include such funds as may be
necessary.
Section 5304 of the bill establishes the Automated Vehicles
and Road User Interactions Study Working Group. Consisting of
at least 15 people selected from the National Highway Traffic
Safety Administration, State departments of transportation,
local governments (other than metropolitan planning
organizations), transit agencies, metropolitan planning
organizations, bicycle and pedestrian safety groups, highway
and automobile safety groups, truck safety groups, law
enforcement officers and first responders, motor carriers and
independent owner-operators, the road construction industry,
labor organizations, academia with expertise on automated
vehicle technologies, manufacturers and developers of both
passenger and commercial automated vehicles, and a motorcyclist
rights group. The Working Group shall report to the Secretary
not later than two years after the date of enactment of this
Act on the feasibility of safe interactions between automated
vehicles and general road users. The Working Group shall be
established under the Department of Transportation and include
such funds as may be necessary.
Section 5501 of the bill establishes the Ergonomic Seating
Working Group. Consisting of at least six people selected from
seat manufacturers, commercial vehicle manufacturers, transit
vehicle manufacturers, labor representatives for the trucking
industry, organizations engaged in collective bargaining on
behalf of transit workers in not fewer than three States, and
musculoskeletal health experts. The Working Group shall report
to the Secretary not later than two years after the date of
enactment of this Act on recommendations for improving
ergonomic seating standards. The Working Group shall be
established under the Department of Transportation and include
such funds as may be necessary.
Pursuant to section 5 of the Federal Advisory Committee
Act, the Committee determines that the functions of the
advisory committees and the working groups established by the
INVEST in America Act are not being carried out by existing
agencies or advisory commissions. The Committee also determines
that the advisory committees and the working groups have a
clearly defined purpose, fairly balanced membership, and meet
all of the other requirements of section 5(b) of the Federal
Advisory Committee Act.
The legislation further establishes the following task
forces, working groups, advisory boards, and advisory councils
which are not subject to the Federal Advisory Committee Act:
Access Measure Working Group (section 1401); Dig Once Funding
Task Force (section 1603); 21st Century Workforce Task Force
(section 1610); Transportation Construction Materials Working
Group (section 1614); Motorcyclist Advisory Council (section
3013); Truck Leasing Task Force (section 4305); Women of
Trucking Advisory Board (section 4309); National Surface
Transportation System Funding Pilot Advisory Board (section
5402); Freight Fee Task Force (section 6006); and Amtrak Food
and Beverage Working Group (section 9211).
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title; table of contents
This section provides that this measure 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''.
DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR
2021
Sec. 101. Extension of Federal surface transportation programs
Extends fiscal year (FY) 2020 enacted levels for Federal-
aid highway, transit, and safety programs through FY21.
Provides additional administrative expenses out of the Highway
Trust Fund for FHWA and NHTSA and out of the General Fund for
FTA.
Sec. 102. Federal Highway Administration
Authorizes an additional $14.742 billion in contract
authority from the Highway Account above FY20 levels, provides
an equal amount of obligation authority to be distributed with
these funds, and distributes these amounts according to
existing formulas. Funds made available under this section may
be used for the broadest construction eligibilities under the
Federal-aid highway program, as well as for transportation-
related administrative expenses, including salaries and
benefits. Allows any highway funds obligated in FY21 to be up
to 100 percent Federal share, except for obligations under the
Nationally Significant Freight and Highway Projects (INFRA),
the TIFIA program, or advanced construction. Distributes the
funds among States, Tribes, Puerto Rico, the Territories, and
Federal land management agencies in the proportion to their
share of total FY20 authorized funds. Suballocates the funds
made available to the States in the same proportion as the
total funds apportioned to the States in FY20 were
suballocated. Any obligation authority that remains available
at the end of the fiscal year will be redistributed to the
States in August redistribution. Provides additional
transparency and oversight for the INFRA program and any funds
obligated on administrative expenses. Exempts funds obligated
on administrative expenses from transportation planning
requirements.
Sec. 103. Federal Transit Administration
Authorizes an additional $5.79 billion in contract
authority from the Mass Transit Account above FY20 levels and
allows funds obligated in FY21 to be up to 100 percent Federal
share. Distributes funds through the 5307, 5310, and 5311
programs in the same ratio as such funds were provided in FY20.
Allows funds to be used for both capital and operating
expenses, including the purchase of personal protective
equipment and paying for administrative leave costs due to
reductions in service. Requires transit agencies to use these
funds, to the maximum extent possible, for payroll and
provision of public transit service. Increases the base
authorization for the Capital Investment Grants (CIG) program
by $958 million above FY20 levels and provides an additional
authorization for such sums as may be necessary through an
emergency CIG authorization to allow project sponsors to
increase their Federal share to account for lost local revenue
sources due to COVID-19. Provides authority for CIG project
sponsors to defer to later years their local share payments.
Waives the application of the Rostenkowski test to the Mass
Transit Account for FY21.
Sec. 104. National Highway Traffic Safety Administration
Provides an additional $244.5 million in contract authority
in FY21 for NHTSA highway safety programs. Provides obligation
authority to be distributed with the funds authorized under
this section and additional administrative expenses provided in
section 101. Increases the Federal share to 100 percent for
activities carried out in FY21, and extends the period of
availability for funds that would otherwise expire in FY21 by
one year.
Sec. 105. Federal Motor Carrier Safety Administration
Provides an additional $209.9 million in contract authority
FY21 for FMCSA motor carrier safety programs. Allows FMCSA to
provide financial assistance to States for carrying out motor
carrier safety activities in FY21 at a Federal share of up to
100 percent, to waive maintenance of effort requirements in
FY21, and to extend the period of availability for grant funds
by one year.
Sec. 106. Definitions.
Provides definitions for Division A.
DIVISION B--SURFACE TRANSPORTATION REAUTHORIZATION
Sec. 1001. Applicability of division
Delays the applicability and effective date of Division B
until October 1, 2022, except for section 1105.
TITLE I--FEDERAL AID HIGHWAYS
Subtitle A--Authorizations and Program Conditions
Sec. 1101. Authorization of appropriations
Section 1101 authorizes $257.4 billion in contract
authority for FY22 through FY25 for the Federal-aid highway
program. In addition, this section reauthorizes U.S. DOT's
Disadvantaged Business Enterprise (DBE) program.
In anticipation of House consideration of the INVEST in
America Act, the Committee had planned a hearing on the
Disadvantaged Business Enterprise (DBE) Program for April 2020.
Unfortunately, all April hearings were canceled due to the
coronavirus pandemic. The Committee will conduct a hearing on
the DBE Program this Fall after plans are finalized to ensure
the safety of witnesses, staff, and Members. In the meantime,
however, the Committee has already amassed an enormous amount
of evidence providing an exceedingly strong basis for the
conclusion that discrimination against minority- and women-
owned businesses continues to affect the construction,
architecture and engineering, and related surface
transportation contracting markets nationwide. The legislative
findings in H.R. 2, as amended, supporting the continued need
for the DBE program have been updated to reflect a portion of
this new evidence.
The coronavirus pandemic has highlighted the ongoing need
for the DBE program. The pandemic is taking a devastating and
disproportionate toll on businesses owned by minorities and
women. Due to the legacy of past discrimination as well as
current discrimination, minority- and women-owned businesses
are more vulnerable to economic downturns than businesses owned
by non-minority men. In a May 2020 working paper published by
the Stanford Institute for Economic Policy Research, Dr. Robert
Fairlie found that African American owned businesses had fared
worst in the first two months of the economic downturn caused
by COVID-19, but that all businesses owned by minorities and
women have been negatively affected as compared to businesses
owned by non-minority males. Indeed, in reviewing the results
of the Census Bureau's April 2020 Current Population Survey,
Dr. Fairlie found that there was a ``massive'' decrease in
active African American business owners of 41 percent. For
Latinx business owners, the decrease was 32 percent. For Asian
business owners, it was 26 percent. Dr. Fairlie notes that
these losses have ripple effects because ``of the importance of
minority businesses for local job creation (disproportionately
for other minorities), economic advancement, and longer-term
wealth inequality.'' In addition, Dr. Fairlie writes that there
had also been a disproportionate decrease in active women
business owners, which he postulated ``will only further
increase gender inequality in business ownership and perhaps
broader economic inequality.'' The Impact of Covid-19 on Small
Business Owners: Evidence of Early State Losses from the April
2020 Current Population Survey, Robert Fairlie, Stanford
Institute for Economic Policy Research, Working Paper 20-022,
May 23, 2020, at 9. These problems have been exacerbated by the
Executive Branch's failure to administer recent COVID-19
assistance measures (such as the Paycheck Protection Program)
in ways that are faithful to Congress' specific requirements to
prioritize underserved communities. Select Subcommittee
Launches Investigation into Disbursement of PPP Funds, Press
Release, Select Subcommittee on the Coronavirus Crisis, June
15, 2020.
``Disparity studies'' and ``availability studies''
constitute a rigorous source of both statistical and
qualitative evidence about discrimination against minority- and
women-owned businesses. These studies have been conducted in
States and localities in every region of the country and
contain a wealth of information about the state of the playing
field for minority- and women-owned firms. Generally 300 to
1,000 pages in length, disparity studies contain myriad
analyses aimed at answering the question: ``Does business
discrimination based upon race or gender continue to exist?''
Even a cursory review of the studies reveals that the answer is
resoundingly ``yes.''
While disparity study authors take diverse approaches, a
few common analyses are present in most studies. Almost every
disparity study examines disparities between the availability
and utilization of minority- and women-owned businesses by
specific government agencies in procurement. When considered in
historical context, public contracting disparities have
decreased in severity in some areas, however the fact that
these disparities persist at all despite the fact that programs
like the DBE program have been in place for almost four decades
is cause for the Congress and the Department of Transportation
to redouble their efforts. Perhaps even more troubling,
however, is the evidence contained in disparity studies
analyzing contracting unremediated by the DBE program and other
similar programs. Many disparity studies examine the broader
(beyond the public sector) heavy construction and architecture
and engineering markets and find that the disparities between
minority- and women-owned businesses and their non-minority
male counterparts are far greater than the disparities that
persist in the public sector where remedial programs are more
routine. Likewise, analyses examining the difference in
participation of minority- and women-owned businesses on
projects with flexible participation goals to provide
opportunities for such businesses compared to projects without
such goals almost uniformly demonstrate the need for the DBE
program. Finally, the great majority of disparity studies also
contain qualitative evidence in the form of personal accounts
by contractors from around the Nation testifying to ongoing
discrimination in business lending, bidding procedures, access
to insurance and bonding, access to business networks, supplier
pricing, treatment by prime contractors and even in the ability
to start a business in the first place.
The Committee has collected too many recent disparity
studies to list them all here, but a sample of some of the
studies dealing with discrimination in individual State
departments of transportation and other State-wide
transportation agencies include: Texas Department of
Transportation Disparity Study 2019, Colette Holt & Associates,
2019; 2017 Minnesota Joint Disparity Study--Minnesota
Department of Transportation Draft Report, Keen Independent
Research, January, 2018, Disadvantaged Business Enterprise
Disparity Study, Volumes 1-3, Prepared for the State of
Maryland, NERA Economic Consulting, June 25, 2018, Washington
State Department of Transportation Disparity Study 2017,
Colette Holt & Associates, 2017; Disparity Study, Idaho
Department of Transportation, BBC Research and Consulting, May
4, 2017; Caltrans 2016 Disparity Study, prepared for the
California Department of Transportation (Caltrans), BBC
Research & Consulting, April 28, 2017; Disparity Study,
prepared for the Georgia Department of Transportation, Griffin
and Strong, P.C., August, 2016; 2016 Availability and Disparity
Study, prepared for the State of Montana Department of
Transportation in cooperation with the U.S. Department of
Transportation Federal Highway Administration, Keen Independent
Research, July, 2016; Oregon Department of Transportation 2016
Availability and Disparity Study, Keen Independent Research,
June, 2016; 2015-16 Ohio Public Authorities Disparity Study,
prepared for the Ohio Department of Transportation, BBC
Research & Consulting, April, 2016; Illinois State Toll Highway
Authority Disparity Study- Construction and Construction
Related Services 2015, Colette Holt & Associates, 2015; Arizona
Department of Transportation Disparity Study Report, Keen
Independent Research, July 28, 2015; North Carolina Department
of Transportation Disparity Study 2014, Colette Holt &
Associates, 2014; Nevada Department of Transportation Disparity
Study Final Report, Keen Independent Research, December 6,
2013; and Disadvantaged Business Enterprise Disparity Study,
Volumes I-III, prepared for the Maryland Department of
Transportation, NERA Economic Consulting, July 5, 2013.
A sampling of the disparity studies focused on procurement
in public transit include: 2017 Disparity Study LA Metro,
prepared for the Los Angeles County Metropolitan Transportation
Authority (LA Metro), BBC Research & Consulting, January, 2018;
San Francisco Bay Area Rapid Transit District Disparity Study,
Volumes 1-2, Miller3 Consulting Inc., January 12, 2017; KCATA
Disadvantaged Business Enterprise Availability Study 2016,
prepared for the Kansas City Area Transportation Authority,
Kansas City, MO, Colette Holt and Associates, 2016; Disparity
Study for Corpus Christi and CCRTA: Analysis of the
Availability of Minority- and Women- Owned Businesses and Their
Utilization By the Corpus Christi Regional Transportation
Authority, Corpus Christi Regional Transportation Authority,
Texas A&M University Corpus Christi-South Texas Economic
Development Center, March, 2016; Pace Suburban Bus Disparity
Study 2015, Colette Holt & Associates, 2015; and Business
Market Availability and Disparity Study, Prepared for the
California High-Speed Rail Authority, Mason Tillman Associates,
Ltd., June, 2014.
Finally, the Committee has also reviewed studies conducted
for State and local governments that, while not exclusively
focused on transportation contracting, contain data about
surface transportation procurement and related industries.
These include but are not limited to: City of Columbus
Disparity Study, Mason Tillman Associates, Ltd., July 2019;
2018 Disparity Study City of Virginia Beach, BBC Research &
Consulting, January, 2019; City of Tacoma Disparity Study,
Final Report, Griffin and Strong, P.C., August, 2018; Metro
Nashville Tennessee Disparity Study Final Report, Griffin and
Strong, P.C., August, 2018; City of New York Disparity Study,
MGT Consulting Group, May 2018; 2017 Disparity Study City of
Charlotte, BBC Research & Consulting, November 7, 2017; State
of New York 2016 MWBE Disparity Study Final Report, Volume 1,
Mason Tillman Associates, Ltd., June 2017; City of Philadelphia
Fiscal Year 2015 Annual Disparity Study, Econsult Solutions,
June 8, 2016; City and County of Denver Minority/Women Owned/
Disadvantaged Business Enterprise Disparity Study, MGT of
America, July 29, 2013.
In addition to considering the available evidence related
to the need for the DBE program, the Committee has carefully
considered the extent to which the current DBE statute, and
corresponding regulations promulgated at 49 C.F.R. 26, ensure
that the DBE program is flexible, time-limited, not over- or
under-inclusive and does not place an undue burden on non-
program beneficiaries. Given the substantial new funds the bill
authorizes for surface transportation, this legislation can and
should provide opportunities for all small businesses,
including those owned by minority and women entrepreneurs,
without unfair disadvantage to any. In addition, the program
continues to prioritize race-neutral efforts to remedy
discrimination over race-conscious remedies and requires that
all numerical goals are flexible, subject to waivers, and based
on the best available local evidence. This likely explains why
every Federal circuit court that has examined the DBE program
has upheld the statute and the regulations against facial
constitutional challenge. These courts have included the United
States Courts of Appeals for the Seventh, Eighth, Ninth and
Tenth Circuits.
Sec. 1102. Obligation limitation
Provides obligation authority to match the contract
authority authorized for FY22 through FY25. Makes the Federal
Land Transportation Program under 23 USC 203 exempt from
obligation limitation to ensure Federal land management
agencies can enter into contracts at the beginning of the
fiscal year. Ensures that Tribes, territories, and Puerto Rico
receive a dollar of obligation authority for every dollar of
contract authority authorized.
Sec. 1103. Definitions and declaration of policy [23 USC 101]
Adds new definitions to 23 USC 101. Incorporates new
Departmental policy goals for safety, climate change,
resilience, and environmental protection.
Sec. 1104. Apportionment. [23 USC 104]
Authorizes administrative expenses for the Federal Highway
Administration for FY22 through FY25. Establishes the
distribution formulas for the nine Federal-aid highway programs
apportioned to States--the National Highway Performance Program
(NHPP), the Surface Transportation Program (STP), the Highway
Safety Improvement Program (HSIP), the Congestion Mitigation
and Air Quality Improvement Program (CMAQ), the National
Highway Freight Program (NHFP), metropolitan planning, the
railway crossing program, the Predisaster Mitigation Program
(PDM), and the Carbon Pollution Reduction Program.
Sec. 1105. Additional deposits into Highway Trust Fund [23 USC 105]
Extends a provision to allow any additional sums deposited
into the Highway Trust Fund to be distributed through existing
statutory formulas without a need for further authorization and
ensures that set-asides are included in this calculation.
Sec. 1106. Transparency [23 USC 104(g); 106]
Revises the reporting requirements in 23 USC 104(g) to
ensure the Federal Highway Administration (FHWA) publishes
programmatic and project-level information about the Federal-
aid highway program online in a user-friendly format. Project-
level information includes detailed data on the cost, funding
source, status, and location of all projects funded under title
23 with a total cost of over $5 million. In addition, the
website must provide an interactive map searchable by project
number, State, and Congressional district.
Revises 23 USC 106 to ensure transparency and
accountability in the Federal-aid highway program. Provides
additional technical assistance to States and subrecipients to
ensure that Federal requirements are met. Establishes
guardrails to ensure that Federal-State funds exchange programs
do not circumvent labor and Buy America requirements. Ensures
that major projects carried out through a public private
partnership conduct an analysis demonstrating that the
procurement process provides the best value for money.
Establishes additional oversight of ``megaprojects''' with a
cost of over $2 billion, including the establishment of an
independent peer review group to monitor the progress of the
project and provide project reports to the Secretary. Requires
that all Special Experimental Projects be subject to public
notice, an opportunity to comment, and Congressional reporting
for any activities conducted under this authority.
In 2019, the Government Accountability Office issued a
report finding that the Infrastructure for Rebuilding America
discretionary grant program administered by the Secretary of
Transportation lacked consistency and transparency.\1\ The
report found that the Department only followed up with certain
applicants with missing information, and did not clearly
communicate and document its process regarding applicant
follow-up. In addition, some projects received awards even
though they did not address all merit criteria. The
Department's documentation of grant awards does not provide
insight into why projects were selected for awards, an issue
GAO had previously identified.
---------------------------------------------------------------------------
\1\Actions Needed to Improve Consistency and Transparency in DOT's
Application Evaluations. GAO-19-541 (Jul 18, 2019).
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To address these significant transparency, accountability,
and fairness concerns, the bill significantly strengthens
Congressional oversight and required documentation for the
discretionary grant programs administered by the Department.
Requires that project selection be based on data driven
determinations, quantified, and documented. Provides all
unsuccessful grant applicants with an opportunity to be
debriefed by the Department. Ensures that Congress receives and
is given the opportunity to review the proposed list of grant
awards and the basis of selections prior to award of grant
funds.
Sec. 1107. Complete and context sensitive street design [23 USC 109]
Revises roadway design standards under 23 USC 109 to
require consideration of all users of the transportation
facility, including pedestrians, bicyclists, public transit
users, children, older individuals, individuals with
disabilities, motorists, and freight vehicles. Instructs
project sponsors to design in a manner that is tailored to the
context of that facility, rather than a ``one size fits all''
approach.
Ensures that the plans and specifications for all Federal-
aid highways take into consideration context sensitive design
principles. Requires the Secretary to publish guidance
outlining context sensitive design, including providing model
policies and procedures that States and other project sponsors
can use when adopting their plans to implement context
sensitive design principles. Context sensitive design includes
projects to remove barriers imposed by existing highway
infrastructure, including projects anticipated to create public
space, affordable housing, or infill development in their
removal.
Replaces the requirement that Interstate design accommodate
strict 20-year traffic forecasts on the Interstate, and instead
allows States to focus on the existing and future operational
performance of the facility. Requires the Secretary, in
consultation with AASHTO, to approve design standards for the
National Highway System (NHS) that take into consideration
context sensitive design principles and authorizes design
flexibility for local governments for Federal-aid projects off
the NHS.
Sec. 1108. Innovative project delivery Federal share [23 USC 120]
Increases the Federal share for projects that use
innovative materials or processes that reduce greenhouse gas
emissions, certain innovative bridge construction technologies,
and advanced digital construction systems.
Sec. 1109. Transferability of Federal-aid highway funds [23 USC 126]
Limits the transferability of Transportation Alternatives
Program (TAP) funds unless the State runs a competition and is
unable to distribute the suballocated funds. Limits the
transferability of railway crossing program funds unless the
State demonstrates that it has met all its needs for the
installation of protective devices at railway highway grade
crossings.
Limits transfer out of programs related to carbon pollution
reduction and air quality but maintains flexibility by allowing
up to 50 percent of apportioned contract authority per year to
be transferred between the Carbon Pollution Reduction Program
and CMAQ.
Sec. 1110. Tolling [23 USC 129]
Ensures, by reinstating a requirement for tolling
agreements with FHWA, that project sponsors seeking to
institute tolls on any Federal-aid highway project or for
conversion of any part of the NHS (including the Interstate)
consider the following factors: congestion and air quality
impacts on both the toll facility and non-tolled routes onto
which traffic might be diverted; planned investments to improve
public transportation or other non-tolled alternatives in the
corridor; environmental justice and equity impacts; impacts on
freight movement; and economic impacts. Ensures that public
transportation vehicles and intercity buses can use new toll
facilities without paying a toll. Requires that any new toll
facilities provide for electronic interoperability with other
providers in the region.
Provides mainstream authority for congestion pricing,
subject to the considerations above, as well as impacts on
congestion on the facility, adjacent routes, and the corridor
to ensure that any planned investments in operational
improvements or in alternate travel options reduce congestion
in the corridor.
Strengthens the limitations on surplus revenues to ensure
that any additional funds must be used within the corridor to
improve operations or capacity of public transportation,
operational improvements, or other alternatives to the tolled
facility. Allows toll revenues to be used to fund toll rebate
programs for commuters with no reasonable alternative to the
toll facility. Toll revenues may only be invested outside the
corridor if all the needs of both the facility and the corridor
have been met.
Repeals the Interstate System Reconstruction and
Rehabilitation Pilot program, and sunsets the Value Pricing
Pilot Program from accepting new projects. It is the sense of
the Committee that the Department of Transportation carry out
the Value Pricing Pilot Program consistent with the statutory
requirements of that program and the Department's longstanding
interpretation of title 23. Section 1012(b)(3) of ISTEA, as
amended, clearly states that any project revenues in excess of
pilot project operating costs may be used for any projects
eligible under title 23. Under 23 USC 133(b)(4), ``transit
safety infrastructure improvements and programs'' are eligible
under the Surface Transportation Block Grant Program, and it
has been FHWA's longstanding interpretation that Congestion
Mitigation and Air Quality funds may be used for new transit
service, system or service expansion, new vehicles, and fare
subsidies, if such projects or programs improve air quality.
Requires the Secretary, within 180 days of enactment, to
submit to Congress a report on the implementation of the
interoperability of toll collection required under section
1512(b) of MAP-21.
Sec. 1111. HOV facilities [23 USC 166]
Ensures that only low emission and hybrid single occupancy
vehicles can utilize HOV lanes. Lowers the HOV degradation
standard from 45 miles per hour to 35 miles per hour to align
with the degradation standards for congestion pricing
established under section 1110.
Sec. 1112. Buy America [23 USC 313]
Adds ``construction materials'' to the materials covered by
Buy America. Ensures a transparent public process before
waiving Buy America requirements. Strengthens existing domestic
content requirements by requiring the Secretary to reevaluate
any standing nationwide waivers every five years, including the
manufactured products waiver, to determine whether those
waivers remain necessary. Codifies existing Congressional
reporting requirements.
Sec. 1113. Federal-aid highway project requirements
Ensures that 23 USC 113(a) applies to any funds made
available for construction work under title I of this Act or
title 23, United States Code. Non-highway or multimodal
projects that are awarded funding under sections 1301, 1302,
1304, or 1306 shall follow the relevant requirements of the
applicable mode, as described in such sections.
Sec. 1114. State assumption of responsibility for categorical
exclusions [23 USC 326]
Increases the allowable agreement term under 23 USC 326
from 3 to 5 years for a State that has assumed the
responsibility under that section for at least 10 years.
Sec. 1115. Surface transportation project delivery program written
agreements [23 USC 327]
Increases the allowable agreement under 23 USC 327 from 5
to 10 years for a State that has assumed the responsibility
under that section for at least 10 years. For any agreement
with a term of greater than 5 years, requires an audit of the
first 5 years of the agreement term. Clarifies that a State
that has assumed the responsibility under that section is
treated as a Federal agency for the purposes of any applicable
laws pursuant to which the responsibility under that section is
exercised.
Sec. 1116. Corrosion prevention for bridges
Requires State DOTs to implement corrosion management
systems to improve the lifespan of bridges and ensure state of
good repair. Ensures that federally funded bridge corrosion
prevention projects are carried out by certified contractors
that provide appropriate training for employees.
Sec. 1117. Sense of Congress
States the sense of Congress that States should utilize
life-cycle cost analysis to evaluate the total economic cost of
a transportation project over it expected lifetime.
Subtitle B--Programmatic Infrastructure Investments
Sec. 1201. National highway performance program [23 USC 119]
Revises the NHPP to emphasize state of good repair needs
identified in the transportation asset management plan before
constructing new highway capacity. States must also consider
whether an operational improvement or transit project would be
more cost-effective than a capacity expansion for single
occupancy vehicles. Any new capacity project must support the
achievement of the State's performance targets. The cost
effectiveness analysis shall take into consideration the
maintenance cost of a new capacity project and ensure that any
travel demand modeling has a documented record of accuracy.
Adds eligibilities for resilience improvements (including
undergrounding utilities while undertaking a transportation
project), natural infrastructure, evacuation routes, reducing
carbon pollution, and wildlife crossings. Requires States to
consider climate change when preparing their transportation
asset management plans.
Sec. 1202. Increasing the resilience of transportation assets [new 23
USC 124]
Revises sections 134 and 135 of title 23 to require the
Metropolitan Planning Organization (MPO) and State-prepared
long-range transportation plans to include strategies to
mitigate and reduce climate impacts and a vulnerability
assessment of critical transportation assets, evacuation
routes, and facilities repeatedly damaged by disasters. The MPO
and State must identify projects to address identified
vulnerabilities, and these projects are eligible for funding
under the newly established pre-disaster mitigation program.
Establishes a pre-disaster mitigation program under 23 USC
124, which receives $6.25 billion in apportioned funds over the
life of the bill for resilience projects identified in the
State and MPO vulnerability assessments. Construction of
resilience improvements, including construction of natural
infrastructure or protective features, are eligible on any
existing highway or transit asset eligible under titles 23 or
49. Funds can also be used to relocate or construct
alternatives to transportation infrastructure that is
repeatedly damaged by extreme weather events, to address
current and future vulnerabilities to evacuation routes
designated in an MPO or State's vulnerability assessment, or
for disaster recovery, training, and telework programs.
Projects eligible for funding under this section must be
designed to ensure resilience over the life of the facility and
take into consideration current and projected changes in
flooding based on climate science and projected land use.
Sec. 1203. Emergency relief [23 USC 125]
Clarifies that cost-justified resilience improvements are
eligible for Emergency Relief (ER) funding. Ensures that
wildfires are covered under the definition of natural disaster.
Gives eligible entities additional time after a disaster to
carry out an ER project.
Authorizes a ``Pre-Disaster Hazard Mitigation Pilot
Program'' that, on a semi-annual basis, automatically
distributes funds from the highway trust fund, in an amount
equal to 5 percent of the total amount of funds made available
to each eligible entity under the emergency relief program.
Total obligations under this pilot program are not limited.
Sec. 1204. Railway crossings [23 USC 130]
Establishes a standalone railway crossing program, based on
the railway-highway grade crossing set aside, raising the
overall level of investment in safety projects under the bill.
Requires railroads to contribute the share for projects that
provide a benefit to the railroad. Expands eligibilities to
include projects to mitigate lost access from a crossing
closure and strategies to prevent or reduce trespasser
fatalities and injuries along railroad rights-of-way. Allows
railway crossing funds to be used toward the cost of projects
selected for the Federal Railroad Administration's Consolidated
Rail Infrastructure and Safety Improvements discretionary grant
program.
Directs the Government Accountability Office to assess the
effectiveness of the railway crossing program. Emphasizes
Congressional intent that U.S. DOT should coordinate
Departmental efforts to reduce trespasser deaths at railroad
rights-of-way.
Sec. 1205. Surface transportation program [23 USC 133]
Adds eligibilities for resilience improvements, natural
infrastructure, reducing carbon pollution, bus frequency and
ridership enhancement projects, and wildlife crossings. Allows
for up to 15 percent of STP funds suballocated to rural areas
to invest in local roads and rural minor collectors.
Increases the percentage of STP funds that are suballocated
based on population from 55 percent under current law to 57
percent to 60 percent over the life of the bill. Revises the
suballocation to four population bands: 200,000 and above;
50,000 200,000; 50,000 5,000; and under 5,000. Provides for
additional transparency and coordination requirements for
suballocated funds to ensure that local governments receive
their equitable share of funds based on population.
Establishes a technical assistance program for areas with a
population of 200,000 and above to ensure efficient project
delivery and facilitate compliance with applicable
requirements. Such technical assistance can include a State DOT
liaison to help local governments carry out Federal aid highway
projects.
Increases the off-system bridge set-aside to 20 percent of
STP funds made available in any area of the State for FY20,
which will provide an approximately $1 billion investment
annually in off-system bridges. Ensures that States have the
flexibility to target funds to projects consistent with their
asset management plans, including to bridges that are in good,
fair, or poor condition. A State can receive an exemption from
this requirement if it can demonstrate insufficient off-system
bridge rehabilitation needs to justify the expenditure. Amounts
expended under the off-system bridge set-aside can be used to
meet a State's minimum bridge investment requirement under 23
USC 144(l).
Sec. 1206. Transportation alternatives program [23 USC 133(h)]
Provides funding for the Transportation Alternatives
Program (TAP) as a 10 percent set-aside out of STP. Increases
the share of the program's funds that must be suballocated to
areas of the State based on population from 50 percent to 66
percent. A State may suballocate up to 100 percent of its TAP
funding if certain conditions are met and upon approval of the
Secretary. Boosts the recreational trails set-aside in
proportion to the increase for TAP. Requires States to provide
sufficient obligation authority over the life of the bill to
ensure this suballocated contract authority is obligated in a
timely manner.
Lists eligibilities under the program directly in 23 USC
133(h), and adds vulnerable road user safety planning as an
eligibility. Adds metropolitan planning organizations that
serve urbanized areas with a population of 200,000 or fewer as
eligible recipients. Allows a State DOT to carry out TAP
projects at the request of any other eligible applicant. Allows
a State to set aside up to five percent of the program's funds
to assist project sponsors with improving their applications
and expediting project delivery.
Allows a State to use HSIP funds to cover the non-Federal
share of the cost of a TAP project, and places restrictions on
the ability of the State to transfer TAP funds out of the
program. Provides flexibility for a State to meet the non-
Federal match on a multiple-project or programmatic basis.
Sec. 1207. Bridge investment [23 USC 144]
Streamlines bridge project delivery by removing the
prohibition against using multiple sources of Federal funding
for one bundle of bridge projects and allows the bundling of
bridge resiliency projects. Creates a new minimum bridge
investment requirement that ensures States spend no less than
20 percent of their two largest apportioned programs on bridge
repair and rehabilitation projects. Provides States with
flexibility to meet that goal over the four-year period from
FY22 through FY25.
Establishes program goals that include improving state of
good repair for bridges; improving the safety, efficiency, and
reliability of bridges; and reducing the number of bridges in
poor condition, or at risk of falling into poor condition, that
do not meet current geometric design standards, or that are
insufficient to meeting load or traffic requirements. Includes
projects such as seismic retrofits, corrosion control,
systematic preventative maintenance, bridge inspections, bridge
resiliency and natural infrastructure, and removal of
structurally deficient bridges to improve community
connectivity as eligible projects towards the minimum bridge
investment requirement. Ensures that States have the
flexibility to target funds to projects consistent with their
asset management plans, including to bridges that are in good,
fair, or poor condition.
Requires the Secretary to annually issue a bridge
investment report detailing State-by-State expenditure of
Federal funding on bridge projects.
Sec. 1208. Construction of ferry boats and ferry terminal facilities
[23 USC 147]
Amends the authorization for ferry boats and related
infrastructure, which receives a 50 percent increase under
section 1101.
Sec. 1209. Highway safety improvement program [23 USC 148]
Revises HSIP to require each State, in consultation with
regional and local partners, to establish a vulnerable road
user safety assessment as part of its strategic highway safety
plan. This assessment will identify corridors and hot spots
that pose a high risk to bicyclists and pedestrians. It will
further require States to develop a program of projects or
strategies to reduce identified safety risks. States with high
levels of bicyclist and pedestrian serious injuries and
fatalities per capita will be required to undertake projects,
from their STP funds, to address these identified safety
issues. Makes vision zero planning under section 1601 an
eligible HSIP expense.
Similarly, for each MPO that represents an urbanized area
with a population of over 200,000 with high levels of bicyclist
and pedestrian serious injuries and fatalities per capita,
directs those MPOs to conduct a streamlined version of the
assessment and direct funds towards identified safety hot
spots. If the urbanized area is within a State that triggers
the vulnerable road user special rule, amounts obligated in an
urbanized area will count toward that Stat's obligation floor
under the special rule.
Amends strategic highway safety plan requirements to take
into consideration a multimodal approach to safety. The plan
must take into consideration a ``safe system approach'' to
roadway design that incorporates the likelihood of human error
in order to prevent fatalities. Requires the State strategic
highway safety plan to take tribal safety planning processes
into consideration. Provides additional flexibility to use a
data-driven, multidisciplinary approach to reducing fatalities
and serious injuries and empowers each State to develop a
program of projects to address its unique safety needs.
Restores the ability, rescinded in MAP-21, to use up to 10
percent of a State's HSIP funds for public awareness,
education, and other non-infrastructure efforts.
Ensures that penalties and set-asides do not divert from
safety needs identified in the State strategic highway safety
plan. Replaces the railway-highway grade crossing set-aside,
which was a 10 percent takedown of HSIP, with a standalone
railway crossing program under 23 USC 130. Provides additional
flexibility for States to meet any special rule obligation
requirements within a two-year window, rather than within the
fiscal year, to ensure that States have adequate time to plan
and program the best projects.
Strengthens the emphasis on high risk rural roads by
increasing total investment in rural roads while reducing
variances among the States that trigger the special rule to
provide States with more certainty when planning these
projects. Requires FHWA update guidance on rural road safety.
Sec. 1210. Congestion mitigation and air quality improvement program
[23 USC 149]
Adds eligibility for shared micromobility projects,
including bikeshare and shared scooters. Adds eligibility for
projects to mitigate seasonal or temporary traffic congestion
from travel or tourism. Amends the program's clean vehicle
provisions to include hydrogen fueling stations as an eligible
activity. Modifies the eligibility of program funds to be used
for operating assistance, including providing additional
assistance for projects that continue to demonstrate net air
quality benefits.
Sec. 1211. Electric vehicle charging stations [23 USC 155; 111]
Requires electric vehicle charging stations that receive
title 23 funds to be usable by the majority of EV drivers and
accessible to all members of the public. Allows EV charging
within an Interstate rest area or park and ride. Requires a
certification by the Secretary of Commerce regarding the
materials used to install EV charging stations.
Sec. 1212. National highway freight program [23 USC 167]
Revises the program's goals to include further
consideration of environmental and equity impacts. Provides for
additional critical rural freight corridor and critical urban
freight corridor mileage for States that have used at least 90
percent of their currently allotted mileage. Eliminates program
eligibility restrictions for States with higher percentages of
the primary freight network mileage. Removes the cap on funding
multimodal freight projects, provided that the projects
contribute to the efficient movement of goods on the National
Freight Network.
Sec. 1213. Carbon pollution reduction [new 23 USC 171]
Creates a new carbon pollution reduction apportionment
program. Provides broad flexibility to the States to fund
projects eligible under title 23 or chapter 53 of title 49,
provided that the projects reduce greenhouse gas emissions.
Includes eligibility for intercity passenger rail projects that
reduce greenhouse gas emissions and improve mobility on public
roads. Allows States to use up to 10 percent of funds for
operating costs of public transportation and intercity
passenger rail. Requires the Secretary to annually evaluate
carbon dioxide emissions per capita on public roads in each
State and issue an accompanying progress report. States that
achieve the most significant reductions in carbon dioxide
emissions will receive additional flexibility in project
Federal share and program transferability. States making the
least progress in emissions reduction are required to dedicate
additional Federal funds to projects that will reduce
emissions. The Secretary, in consultation with the
Environmental Protection Agency, will periodically issue a
report detailing which types of projects eligible under this
section prove most effective in reducing carbon pollution.
Sec. 1214. Recreational trails [23 USC 206]
Allows project sponsors to apply recreational trails
program requirements to trails projects funded with any
apportioned program dollars, to facilitate more efficient
project delivery.
Sec. 1215. Safe routes to school program [23 USC 211]
Codifies elements of the Safe Routes to School (SRTS)
program enacted in section 1404 of SAFETEA-LU. Projects under
this section are eligible for funding under the Transportation
Alternatives Program and the Highway Safety Improvement
Program. Expands eligibility under SRTS to include high
schools. Removes the 30 percent non-infrastructure project cap
to provide additional flexibility to project sponsors. Adds
provisions to ensure rural school district outreach under the
program.
Sec. 1216. Bicycle transportation and pedestrian walkways [23 USC 217]
Ensures that the State pedestrian and bicycle is a full-
time position. Aligns the definition of electric bicycle with
other existing standards, subject to State and local safety
regulations.
Subtitle C--Project Level Investments
Sec. 1301. Projects of national and regional significance [23 USC 117]
Establishes a Projects of National and Regional
Significance (PNRS) program, which provides more than $9
billion over the life of the bill for large highway, transit,
and passenger and freight rail projects that reduce congestion
on roadways and that cannot be funded through annual
apportionments or other discretionary sources. Grants are at
least $25 million and for projects with total costs of at least
$100 million or exceeding a percentage of the applicable
entity's apportionment. Includes the authority for the
Secretary to award grants over multiple years for projects with
anticipated total costs over $500 million. Directs the
Secretary to make grant selections based on merit criteria
specified in statute, including the extent to which a project
contributes to a state of good repair; cost savings generated
by the project over the life of the asset; safety, mobility,
economic, resilience, and environmental benefits generated by
the project; benefits to all users of the project; and the
average number of people or volume of freight supported by the
project. Additional considerations include whether the project
serves an area of persistent poverty; the degree to which the
project utilizes innovative technologies or construction
techniques; whether the project improves connectivity between
modes of transportation; and whether the project provides new
or improved connections between metropolitan areas of a
population of at least 500,000.
Sec. 1302. Community transportation investment grant program [new 23
USC 173]
Establishes a $600 million per year grant program to
support local investments in projects to improve safety, state
of good repair, accessibility, and environmental quality
through infrastructure investments. Sets aside a minimum of 25
percent of program funds for projects in rural communities and
a minimum of 25 percent of program funds for projects in
communities between 50,000 and 200,000 in population.
Requires the Secretary to evaluate projects on their
benefits to transportation safety, including reductions in
traffic fatalities and serious injuries; to state of good
repair, including improved condition of bridges and pavements;
to transportation system access, including improved access to
jobs and services; and in reducing greenhouse gas emissions,
and to rate each project based on these criteria. Allows the
Secretary to use different weighting of these criteria based on
project type, population served by the project, and other
context-sensitive considerations. Instructs the Secretary to
compare each project's benefits with its costs, rank projects
based on that comparison, and to select grant recipients from
among those projects ranked most highly.
Requires the Secretary to make public information on the
evaluation and rating process prior to issuing a notice of
funding opportunity. Requires the Secretary to submit to
Congress the ratings and rankings of all projects, and a list
of all projects being considered by the Secretary to receive an
award, prior to making such award.
Sec. 1303. Grants for charging and fueling infrastructure to modernize
and reconnect America for the 21st century [23 USC 151]
Establishes a $350 million annual competitive grant program
to deploy electric vehicle charging and hydrogen, natural gas,
and propane fueling infrastructure. The primary merit criteria
for project selection is the extent to which the project would
reduce estimated greenhouse gas emissions and air pollution
from vehicle emissions, weighted by the total Federal
investment in the project.
Projects must be general be installed on alternative
fueling corridors designated by FHWA or a State or group of
States, unless the applicant demonstrates that the proposal
would expand the deployment of alternative fueling
infrastructure to a greater number of users than any other
comparable investment on the corridor. Electric vehicle
charging stations installed under this section must be usable
by the majority of electric vehicle drivers and accessible to
all members of the public.
Requires FHWA, in consultation with the Department of
Energy, to provide guidance on the deployment of alternative
fueling infrastructure. Prohibits a grant recipient from
charging fees for the use of a project assisted with a grant
under this section.
Sec. 1304. Community climate innovation grants [new 23 USC 172]
Establishes a new $250 million per year competitive grant
program to support local investments in innovative strategies
to reduce greenhouse gas emissions. Provides broad flexibility
to grantees to fund projects eligible under title 23 or chapter
53 of title 49, provided the project reduces greenhouse gas
emissions. Includes eligibility for intercity passenger rail
projects that reduce greenhouse gas emissions and improve
mobility on public roads. Prioritizes projects that show the
most promise in reducing greenhouse gas emissions, and provides
further consideration for a project's cost-effectiveness,
provision of diverse transportation choices, accessibility,
equity and environmental justice impacts, benefits to low-
income communities, and use of innovative materials.
Sec. 1305. Metro performance program
Provides $750 million over the life of the bill for direct
allocations to MPOs to advance locally-selected projects.
Authorizes the Secretary to designate a high-performance tier
of MPOs based on technical capacity to manage Federal-aid
highway funds. Provides between $10 and $50 million per year
for the MPOs designated. Projects are subject to all Federal-
aid highway requirements, including environmental laws, labor
projections, and Buy America. Participating MPOs will report
annually on the status of the program and the projects advanced
with program funds to FHWA, and FHWA will report to Congress on
the lessons learned from the program and provide
recommendations on ways to improve suballocation of Federal-aid
highway funds under STP.
Sec. 1306. Gridlock reduction grant program
Establishes a $250 million grant program to reduce traffic
gridlock in large metropolitan areas. Supports projects to
reduce and mitigate the adverse impacts of traffic congestion;
make better use of existing capacity; and employ innovative,
integrated, and multimodal solutions to reducing gridlock.
Includes eligibility for intelligent transportation systems,
real-time traveler information, transportation demand
management, and multimodal solutions. Dedicates half of program
funds for freight-specific projects including first-mile and
last-mile delivery solutions, use of centralized delivery
points, curb space management, and real-time freight parking
and routing. Prioritizes projects in areas that are
experiencing a high degree of recurrent congestion. Requires
the Secretary to report on recommendations and best practices
following the implementation of projects.
Sec. 1307. Rebuild rural grant program
Establishes a $250 million grant program to support
infrastructure investment in rural communities. Focuses on
projects that will improve transportation safety, including on
high-risk rural roads, on Federal lands, and at vehicle-
wildlife crossings; improve state of good repair, including on
off-system bridges; and improve access to jobs and services in
support of rural economies. Includes consideration for projects
that coordinate transportation projects in the highway right-
of-way with proposed broadband infrastructure.
Sec. 1308. Parking for commercial motor vehicles
Establishes a $250 million grant program to address the
shortage of parking for commercial motor vehicles to improve
the safety of commercial motor vehicle drivers.
Sec. 1309. Active transportation connectivity grant program
Establishes a $250 million grant program to support
infrastructure investment in connected active transportation
networks. Supports the development of active transportation
networks to connect points within a community, and active
transportation spines to connect communities to one another.
Supports the development of complete streets and the use of
safe systems approaches to enhance safety for vulnerable road
users. Includes considerations for the environmental justice
and equity impacts of a project and the extent to which the
project improves connectivity to public transportation.
Subtitle D--Planning, Performance Management, and Asset Management
Sec. 1401. Metropolitan transportation planning [23 USC 134]
Requires MPOs to consider carbon pollution and emissions
reduction, climate change, resilience, and hazard mitigation
throughout the planning process. Adds additional planning
considerations for accessibility and equity, including a
holistic look at housing and land use policies. Consistent with
Section 1403, incorporates performance-based planning and
transportation system access into project selection.
Revises the MPO designation and consultation processes to
facilitate better regional coordination. Membership of newly
designated or redesignated MPOs must reflect the population of
the area, while ensuring continuity for existing MPOs.
Clarifies that MPOs can use electronic platforms to solicit
public feedback during the planning process. Such electronic
outreach is in addition to, not in lieu of, public meetings.
Sec. 1402. Statewide and nonmetropolitan transportation planning [23
USC 135]
Makes similar resilience and climate-related changes as
detailed under section 1401 to statewide planning. Requires
States to consider carbon pollution and emissions reduction,
climate change, hazard mitigation, and resilience throughout
the planning process. Adds additional planning considerations
for accessibility and equity, including a holistic look at
housing and land use policies.
Emphasizes the importance of a performance-based project
selection approach. Requires U.S. DOT to submit an updated
edition of the performance-based planning and programming
report to Congress once every four years to provide
recommendations for ways to improve performance-based planning.
Consistent with section 1403, incorporates performance-based
planning and transportation system access into project
selection. Clarifies that States can use electronic platforms,
such as social media, to solicit public feedback during the
planning process. Such electronic outreach is in addition to,
not in lieu of, public meetings.
Sec. 1403. National goals and performance management measures [23 USC
150]
Requires U.S. DOT to establish new performance measures for
greenhouse gas emissions and transportation system access.
Section 150(d)(3) prohibits States from setting regressive
targets related to safety and carbon pollution reduction.
The transportation system access measure leverages modern
data tools to improve the way States and MPOs assess the level
of safe, reliable, and convenient access to jobs and services
(including shopping, healthcare, childcare, education and
workforce training, and financial institutions). Considers the
level of access for various modes of travel. Establishes a
working group of State, local, and non-governmental experts to
advise U.S. DOT on the establishment of the measure. Requires
the Secretary to acquire, using research funds, transportation
system access data sets and analytical tools to facilitate the
implementation of requirements under this section.
Sec. 1404. Transportation demand data and modeling study
Requires the Secretary to compare observed data to
transportation demand forecasts from a sampling of States and
MPOs. These comparisons will examine traffic count, mode share,
public transit ridership, and vehicle occupancy data in order
to inform future planning and forecasting and evaluate the
impacts of transportation investments on transportation demand.
Requires the Secretary to publish best practices and guidance
on forecasting and transportation demand management strategies
that most effectively reduce congestion travel times and carbon
pollution. Encourages the Secretary to work with UTCs and the
private sector to carry out this section. Make the activities
described under this section explicitly eligible for funding
under 23 USC 503(b).
Sec. 1405. Fiscal constraint on long-range transportation plans
Directs the Secretary to revise the metropolitan planning
regulations in 23 CFR part 450 to define the ``outer years'' to
cover the first four years, rather than the first 10 years of
the plan. The four-year window is consistent with other
metropolitan and performance planning requirements.
Subtitle E--Federal Lands, Tribes, and Territories
Sec. 1501. Territorial and Puerto Rico highway program [23 USC 165]
Significantly increases the amount of funds for the
Territorial and Puerto Rico highway program, providing $100
million per year for territories and $210 million per year for
Puerto Rico from the Highway Trust Fund.
Sec. 1502. Tribal transportation program [23 USC 202]
Under section 1101, the bill significantly increases
funding levels for the Tribal Transportation Program (TTP),
providing $800 million per year for the program out of the
Highway Trust Fund. Expands eligibility under the Tribal
Transportation Bridge Program to allow construction of new
bridges. Expands eligibility for safety projects under the TTP
to include projects that educate the public and increase
awareness concerning highway safety matters and to better
enforce highway safety laws in tribal nations. Sec. 1503.
Tribal High Priority Projects program. Provides $50 million
annually out of the Highway Trust Fund for a reestablished
grant program that was authorized in MAP-21, but never funded,
to award grants to the highest priority project for tribes
whose annual transportation funding is insufficient. Provides
emergency relief to tribes who cannot access other emergency
relief funds and sets a maximum grant award of $5 million.
Sec. 1504. Federal lands transportation program [23 USC 203]
Under section 1101, the bill significantly increases
funding levels for the Federal Lands Transportation Program,
providing $550 million per year out of the Highway Trust Fund
for the program. The bill also provides an additional $345
million per year out of the Highway Trust Fund for the Federal
Lands Access Program. Allows the head of a Federal agency that
owns a transportation facility to request assistance from a
State in paying the project costs when a high-commuter corridor
(defined as a transportation facility administered by a Federal
agency that has average annual daily traffic of not less than
20,000 vehicles) within that State is in need of repair.
Directs GAO to study the National Park Service maintenance
prioritization of Federal lands transportation facilities and
specifically their prioritization of maintenance on high
commuter corridors.
Sec. 1505. Federal lands and Tribal major projects program [23 USC 208]
Transforms the Nationally Significant Federal Lands and
Tribal Projects Program into the Federal Lands and Tribal Major
Projects program, codifies it, and provides an annual
authorization of $400 million from the Highway Trust Fund under
Section 1101. Expands project eligibility and eligible uses of
funds to allow for preconstruction activities. Lowers the
minimum project cost threshold to $12.5 million for Federal
lands projects and $5 million for tribal projects. Increases
Federal cost share to 100 percent for tribal projects and
requires program funds to be split 50-50 between tribal and
Federal lands projects.
Sec. 1506. Office of Tribal Government Affairs
Establishes an Office of Tribal Government Affairs within
U.S. DOT and creates a new Assistant Secretary for Tribal
Government Affairs position. The Office and the Assistant
Secretary will oversee administration of the Tribal
Transportation Self Governance Program, policies and programs
serving Indian Tribes and Tribal Organizations, and will
provide technical assistance to tribes.
Sec. 1507. Alternative contracting methods [23 USC 201]
Allows tribes and Federal land management agencies to use
the same alternative contracting methods available to States.
Sec. 1508. Divestiture of Federally-owned bridges
Authorizes the transfer of Federally-owned bridges from the
Bureau of Reclamation to a State, provided the State concurs;
an agreement from the State to operate and maintain the bridge;
compliance with all applicable Federal laws; and a joint
notification by the Bureau and the State to the Secretary of
Transportation prior to the transfer of ownership. Specifies
that the Bureau is not required to transfer ownership of the
land on which the bridge is located or any adjacent lands but
requires the Bureau to provide access for the State for the
purposes of construction, maintenance, and bridge inspections.
Sec. 1509. Study on Federal funding available to Indian Tribes
Requires the Secretary to report to Congress annually on
the number of Indian Tribes who were direct recipients of
Federal transportation grants and the total amount of funds
awarded, and the number of Indian Tribes who were indirect
recipients of Federal transportation formula funding and the
total amount of such funds.
Sec. 1510. GAO study
Directs GAO to study the deferred maintenance backlog on
U.S. Forest Service roads.
Subtitle F--Additional Provisions
Sec. 1601. Vision zero
Provides for the establishment of vision zero plans to
significantly reduce or eliminate transportation related
fatalities and serious injuries within a specified timeframe,
but not to exceed 20 years. The vision zero plan includes a
complete streets prioritization plan to ensure safe,
accessible, and connected active transportation networks.
Allows local governments, MPOs, or regional transportation
planning organizations to use HSIP or STP funds for these
purposes. A vision zero plan may include a complete streets
prioritization plan that identifies a list of projects to
provide safe and convenient active transportation access to
jobs, housing, and other essential services.
Sec. 1602. Speed limits
Requires the Secretary to revise the Manual on Uniform
Traffic Control Devices (MUTCD) to require States and local
governments to use a ``safe systems approach'' to setting speed
limits, consistent with NTSB recommendations. Requires the
Secretary to update and report on the implementation progress
of the Department's Speed Management Program Plan.
Sec. 1603. Broadband infrastructure deployment
Creates a new ``dig once'' provision to ensure better
coordination of transportation and broadband infrastructure
projects, while ensuring State flexibility and preventing
unfunded mandates. Creates a Dig Once Funding Task Force to
estimate the cost of a nationwide ``dig once'' requirement, and
to propose and evaluate options for funding such a requirement.
Ensures Task Force consultation with stakeholders that
represent rural communities and communities with limited access
to broadband infrastructure.
Sec. 1604. Balance exchanges for infrastructure program
Takes funding from the TIFIA program and redistributes it
to States within the Appalachian region to be used for projects
eligible under the Surface Transportation Program at 100
percent federal share. In order to access these funds, requires
Appalachian States to return unused funding under the
Appalachian Development Highway System (ADHS) program to the
Secretary. Allows the Secretary to redistribute returned ADHS
funds to other Appalachian States to carry out projects to
complete the ADHS.
Sec. 1605. Stormwater best management practices
Authorizes U.S. DOT and EPA to commission a Transportation
Research Board study of stormwater runoff best practices and to
report to Congress on the results not later than 18 months
after enactment. Requires EPA to update best management
practices on stormwater runoff.
Sec. 1606. Pedestrian facilities in the public right-of-way
Requires the U.S. Access Board to finalize guidelines
setting minimum accessibility standards for pedestrians in the
public right-of-way. Requires such guidelines to be
substantially similar to the notice of proposed rulemaking
published on July 26, 2011, titled ``Accessibility Guidelines
for Pedestrian Facilities in the Public Right-of-Way'' and the
supplemental notice of proposed rulemaking published on
February 13, 2013, titled ``Accessibility Guidelines for
Pedestrian Facilities in the Public Right-of-Way; Shared Use
Paths.'' Requires U.S. DOT to issue corresponding regulations
following the issuance of the guidelines.
Sec. 1607. Highway formula modernization report
Requires FHWA, in consultation with state DOTS, to provide
recommendations on how to revise the apportionment methodology
under 23 USC 104 to best achieve the goals of the Federal-aid
highway program. The report will consider whether the
apportionment factors established in SAFETEA-LU, the
performance goals and measures under 23 USC 150, or any other
factors would yield a more data-driven or equitable
apportionment of funding. In addition, FHWA will consult with
the EPA to determine whether the CMAQ apportionment formula
best achieves the air quality goals under 23 USC 149.
Sec. 1608. Consolidation of programs
Increases funding for operation lifesaver, work zone safety
grants, the national work zone information safety
clearinghouse, and the public road safety clearinghouse.
Clarifies that these amounts are available at 100 percent
Federal cost share.
Sec. 1609. Student outreach report to Congress
Requires the Secretary to report on U.S DOT's efforts to
encourage students to pursue careers in the surface
transportation sector.
Sec. 1610. Task force on developing a 21st century surface
transportation workforce
Establishes a task force comprised of representatives from
surface transportation industry sectors, labor, and other
experts to develop recommendations and strategies to address
surface transportation workforce needs and ways to increase
representation of women and minorities in surface
transportation careers.
Sec. 1611. On-the-job training and supportive services [23 USC 140(b)]
Establishes transparency and reporting requirements for the
On-the-Job Training and Supportive Services program. Requires
States to develop annual statewide workforce development plans
to identify and address workforce gaps and underrepresentation
of women and minorities and to establish annual workforce
development compacts with State workforce development boards
and other appropriate agencies.
Sec. 1612. Work zone safety [23 USC 504(e)]
Adds eligibility for States to use apportioned funds
dedicated to workforce training and education on work zone
safety training and certification for State and local employees
as well as surface transportation construction workers.
Sec. 1613. Transportation education development program [23 USC 504(f)]
Adds transparency and reporting requirements to track the
program objectives of grant recipients and progress made toward
developing new curricula and education programs to train
individuals at all levels of the transportation workforce.
Sec. 1614. Working group on construction resources
Establishes a Working Group consisting of State, local, and
tribal officials and relevant industry stakeholders to assess
the availability of certain transportation-related construction
materials. The Working Group will report to the Secretary with
any findings and recommendations to reduce the cost and
environmental impacts of the transportation construction supply
chain.
Sec. 1615. Numbering system of highway interchanges
Prevents the imposition of a penalty for States that fail
to comply with certain requirements for numbering of highway
interchanges in effect on the date of enactment of this Act.
Sec. 1616. Toll credits
Directs the Department of Transportation to analyze the
impact of the toll credits on transportation expenditures and
the viability of establishing a toll credit exchange.
Sec. 1617. Transportation construction materials procurement
Directs the Secretary to conduct a review of the
procurement processes used by State DOTs to select construction
materials for projects utilizing Federal-aid highway funds.
Sec. 1618. Construction of certain access and development roads [23 USC
118(d)]
Allows territories to use funds made available under title
23 to be expended for certain access and development roads.
Sec. 1619. Nationwide road safety assessment
Directs the Secretary of Transportation to conduct, every 2
years, a nationwide, on-the-ground road safety assessments
focused on pedestrian and bicycle safety in each State.
Sec. 1620. Wildlife crossings
Requires States to obligate a portion of their National
Highway Performance Program funds for projects eligible under
that program that include project components that would reduce
vehicle-cause wildlife mortality or restore and maintain
connectivity among aquatic or terrestrial habitats. A State may
opt out of the obligation requirement if the Governor of the
State notifies the Secretary of Transportation that the State
has inadequate needs to justify the expenditure.
Sec. 1621. Climate resilient transportation infrastructure study
Directs the Department of Transportation to enter into an
agreement with the Transportation Research Board to conduct a
climate resilient transportation infrastructure study.
Sec. 1622. Elimination of duplication of environmental reviews and
approvals
Requires the Department of Transportation to finalize the
rulemaking for the program described under 23 USC 330.
Sec. 1623. AMBER Alerts along major transportation routes
Expands eligibility for the AMBER Alert program to U.S.
territories, and allows the Secretary to waive local match
requirements for the territories. Modifies the Amber Alert
program to cover major transportation routes and facilities in
addition to highways, including airports, maritime ports, and
border crossings.
Sec. 1624. Natural gas, electric battery, and zero emission vehicles
Expands the existing 2,000-pound additional weight
allowance for natural gas vehicles and electric battery
vehicles to other zero emission vehicles.
Sec. 1625. Guidance on evacuation routes
Directs FHWA, in consultation with FEMA, to issue or revise
guidance on evacuation routes, or report to Congress describing
existing guidance that satisfies the considerations listed in
this section.
Sec. 1626. Prohibiting use of Federal funds for payments in support of
congressional campaigns
Provides that any amounts assessed on civil penalty funds
collected pursuant to the blocked rail crossing requirement in
Sec. 9553 of the INVEST in America Act may be used in support
of a congressional campaign.
Sec. 1627. High priority corridors on the National Highway System
Designates the Louisiana Capital Region High Priority
Corridor under section 1105(c) of ISTEA.
Sec. 1628. Guidance on inundated and submerged roads
Directs FHWA, in consultation to review guidance required
under section 1228 of the Disaster Recovery Reform Act of 2018
and issue guidance regarding repair, restoration, and
replacement of inundated and submerged roads damaged by a
declared major disaster.
Sec. 1629. Airport innovative financing techniques
Authorizes the Secretary of Transportation to permit up to
30 non-large hub airports each fiscal year to use Airport
Improvement Program grant funds for innovative financing
techniques related to an airport development project for the
purpose of reducing the total cost of a project or safely
expediting the delivery or completion of a project. Innovative
financing techniques include payments of interest, commercial
bond insurance, non-Federal matching, and other techniques the
Secretary may approve.
Sec. 1630. Small airport letters of intent
Expands Federal Aviation Administration (FAA) authority to
issue letters of intent indicating an amount of future FAA
funds the agency intends to obligate to small and non-primary
U.S. airports for certain airport development projects.
Sec. 1631. Dry bulk weight tolerance
Allows an up to 10 percent weight variance on an axle of a
commercial motor vehicle transporting dry bulk goods to
accommodate cargo that may have shifted in transport.
TITLE II--PUBLIC TRANSPORTATION
Subtitle A--Federal Transit Administration
Sec. 2101. Authorizations
Authorizes $66.3 billion in contract authority for FY22
through FY25 for the Federal transit program. Creates a new set
aside for administrative costs for Buy America.
Sec. 2102. Chapter 53 definitions [49 USC 5302]
Adds definitions for resilience and assault on a transit
worker. Includes bike share under the definition for associated
transit improvements. Amends the FTA Joint Development Program
to remove the fair share revenue requirement for transit-
oriented development projects that include 50 percent
affordable housing. This is a higher threshold than other
programs because FTA provides direct funding for Joint
Development.
Sec. 2103. General provisions [49 USC 5323]
Provides transit agencies more flexibility to meet
community needs with limited exemptions to the charter service
rule. Requires transit agencies to respond to intercity and
charter bus requests for reasonable access to public transit
facilities within 75 days. Restores the ability to incorporate
art into transit facilities. Creates a uniform and customer-
friendly ADA complaint process.
Sec. 2104. Miscellaneous provisions
Increases Federal cost share to 90 percent for ADA
accessibility in state of good repair projects. Treats the
District of Columbia as a State in the high-density States
formula. Authorizes FTA to provide technical assistance on the
impacts of a new census count. Requires transit agencies
collect data on the assault of transit workers, pedestrian/bus
fatalities, and bus frequency. Relaxes the phaseout of the
Special Bus Rule to provide more flexibility.
Sec. 2105. Policies and purposes
Adds reductions in carbon emissions and improvements to
resiliency to the purpose of a Federal transit program.
Sec. 2106. Fiscal year 2022 formulas
Ensures that transit data from fiscal year 2020 and
impacted by COVID-19 will not be used in the calculation of
transit formula apportionments.
Sec. 2107. Metropolitan transportation planning [49 USC 5303]
Requires MPOs to consider carbon pollution and emissions
reduction, climate change, resilience, and hazard mitigation
throughout the planning process. Adds additional planning
considerations for accessibility and equity, including a
holistic look at housing and land use policies. Consistent with
Section 1403, incorporates performance-based planning and
transportation system access into project selection.
Revises the MPO designation and consultation processes to
facilitate better regional coordination. Membership of newly
designated or redesignated MPOs must reflect the population of
the area, while ensuring continuity for existing MPOs.
Clarifies that MPOs can use electronic platforms to solicit
public feedback during the planning process. Such electronic
outreach is in addition to, not in lieu of, public meetings.
Sec. 2108. Statewide and nonmetropolitan transportation planning [49
USC 5304]
Makes similar resilience and climate-related changes as
detailed under section 1401 to statewide planning. Requires
States to consider carbon pollution and emissions reduction,
climate change, hazard mitigation, and resilience throughout
the planning process. Adds additional planning considerations
for accessibility and equity, including a holistic look at
housing and land use policies.
Emphasizes the importance of a performance-based project
selection approach. Requires U.S. DOT to submit an updated
edition of the performance-based planning and programming
report to Congress once every four years to provide
recommendations for ways to improve performance-based planning.
Consistent with section 1403, incorporates performance-based
planning and transportation system access into project
selection. Clarifies that States can use electronic platforms,
such as social media, to solicit public feedback during the
planning process. Such electronic outreach is in addition to,
not in lieu of, public meetings.
Sec. 2109. Obligation limitation
Provides obligation authority to match the contract
authority authorized for FY22 through FY25.
Sec. 2110. Public transportation emergency relief funds
Increases the deadline for projects to advance to
construction under the emergency relief program to six years,
to give eligible entities additional time after a disaster to
carry out an ER project.
Sec. 2111. General provisions
Requires transit agencies to respond to intercity and
charter bus requests for reasonable access to public transit
facilities within 90 days, and denials require a response in
writing. Permits the Secretary to waive, exempt, defer or
establish a simplified level of compliance for transit agencies
with 10 or fewer vehicles in service or that receive 5307 and
5311 funding. Establishes a new policy for proceeds from the
sale of old equipment allowing some funds to be retained by the
transit agency, but returning the remaining funds to the
Highway Trust Fund.
Sec. 2112. Certification requirements
Establishes a new certification that bus or rail rolling
stock being procured do not contain or use any covered
telecommunications equipment as defined by section 889 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 13 115-232).
Subtitle B--Improving Frequency and Ridership
Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive
grants [49 USC 5308]
Creates a new competitive program, funded at $100 million
annually, to increase bus frequency, ridership and total person
throughput by redesigning urban streets and corridors to
efficiently move transit vehicles in congested major urban
areas. The program is structured to require a partnership
between transit agencies and State or local government agencies
responsible for roadways.
Sec. 2202. Incentivizing frequency in the urban formula [49 USC 5336]
Replaces the current incentive formula based on low
operating costs with a formula based on vehicles per hour
during peak service in the highest 25 percent of routes by
ridership. This will incentivize ridership rather than low-cost
bus operations. This formula change begins in 2023, providing
time to collect the data and improve frequency on the highest
ridership routes.
Sec. 2203. Mobility Innovation [49 USC 5316]
Creates a new set of Federal rules for mobility on demand
services integrated with mobility as a service. Transit
agencies are allowed to shift funding provided for the urban,
rural, and seniors and individuals with disabilities programs
to this program to take advantage of waivers under certain
conditions. Retains basic requirements for safety, Buy America,
and labor protections. Includes restrictions on single
passenger trips, carbon and particulate emissions, and 3rd
party contractors. Requires a negotiated rulemaking to bring
the diverse stakeholders together to negotiate an open data
standard necessary to bring the benefits of mobility on demand
to more people. This section is effective once the rulemaking
is complete.
Sec. 2204. Formula grants for rural areas [49 USC 5311]
Revises the rural transit formula to increase the funding
attributed to actual transit service. Provides flexibility to
States for areas transitioning from rural to urban after a new
census designation. Increases tribal rural funds by 57 percent,
with $10 million for competitive grants and $45 million for
tribal formula funds. Provides flexibility to fund continuous
intercity bus service across state lines and requires public
documentation of state certifications to waive the 15 percent
of funds for intercity service. Clarifies that volunteer hours
satisfy local cost share requirements for social service trips.
Sec. 2205. One-stop paratransit program [49 USC 5310]
Creates a grant program to examine the costs and benefits
of allowing flexibility in paratransit trips that allow one
stop for certain needs like dropping children off at daycare or
school or stopping briefly at the pharmacy, grocery store, or
the bank. The grant will cover reporting costs and costs
associated with the extra stops.
Subtitle C--Buy America and Other Procurement Reforms
Sec. 2301. Buy America [49 USC 5320]
Recodifies Buy America into section 5320, closes loopholes,
removes bureaucratic burdens, clarifies waiver reporting
requirements, and provides new incentives to boost domestic job
production. Closes loopholes that allow waived components and
components exceeding 70 percent domestic content to receive
credit for 100 percent domestic content. Incentivizes higher
domestic content by including final assembly costs into the
domestic content calculation, providing an automatic 2.5
percent increase in domestic content if a zero-emission vehicle
uses domestic battery cells, providing a bonus of 10 percent of
domestic content for any component that exceeds 70 percent, and
providing a bonus of 15 percent of domestic content for any
component that exceeds 75 percent.
Requires FTA to conduct rolling stock certifications to
remove the burden from transit agencies, allows certifications
to be used for multiple procurements, sets a standard for
recertifications, and provides fair competition by ensuring
certifications are consistently applied. The DOT Inspector
General will provide annual audits of the program. Creates a
refined waiver process for passenger vehicles, allowing
automatic waivers for passenger vehicles that are domestically
assembled and have a 60 percent domestic content as measured by
the American Automobile Labeling Act. Requires domestic
components use domestic steel and iron. Prohibits imported
components from becoming domestic components. Applies Buy
America to local funding. Requires FTA to review its bus and
rail component and final assembly regulations to maximize
domestic job creation and align with modern manufacturing
techniques. Phases in the modifications of Buy America over a
5-year timeframe.
Sec. 2302. Bus procurement streamlining [49 USC 5323(v)]
Requires bus procurements to use performance-based
specifications in a procurement instead of specifying
individual components.
Requires a negotiated rulemaking to establish a list of
components and subcomponents that are waived from the
performance-based specification requirement.
Sec. 2303. Bus testing facility [49 USC 5318]
Puts the Secretary on a deadline to grant a manufacturer's
request for testing, requires a public estimate of the backlog
at the testing facility to begin a new bus test, and provides
additional funds to expedite testing. Designates The Ohio State
University as the autonomous and advanced driver-assistance
systems test development facility for all bus testing with
autonomous or advanced driver-assistance systems technology and
The Ohio State University will also serve as the over-flow new
model bus testing facility to Altoona.
Sec. 2304. Repayment requirement
Requires repayment of CARES Act transit funds if those
funds were used to purchase rollingstock from a state-owned
enterprise.
Sec. 2305. Definition of urbanized areas following a major disaster
Allows an urbanized area impacted by a major disaster to
retain its urban area designation after a reduction in
population below 50,000.
Sec. 2306. Special rule for certain rolling stock procurements
Section 5323(u) is amended by removing an exemption for
transit agencies who have previously purchased restricted rail
rolling stock.
Sec. 2307 Certification requirements
This amendment tightens the definition of Buy America for
components of bus and rail rolling stock if those components
contain materials supplied by entities that have violated fair
trade laws of the United States, are owned or controlled by
entities subject to United States sanctions; or are owned by a
foreign government.
Subtitle D--Bus Grant Reforms
Sec. 2401. Formula grants for buses [49 USC 5339(a)]
Provides $5 billion for FY22 through FY25. Provides $327
million for FY22 through FY25 to States for additional rural
bus funds.
Sec. 2402. Bus facility and fleet expansion competitive grants [49 USC
5339(b)]
Provides $1.6 billion for FY22 through FY25. Modifies the
competitive bus program to focus on large one-time needs for
bus garages, bus stations, and fleet expansions. Grant
considerations are limited to age and condition of facilities,
resilience, and multimodal connections at stations.
Sec. 2403. Zero-emission bus grants [49 USC 5339(c)]
Provides $1.7 billion for FY22 through FY25 and an average
annual increase of 500 percent over FAST Act funding. Sets
procurement minimums to ensure transit agencies are investing
appropriately in zero-emission bus fleets and the necessary
charging infrastructure. Directs the funding to areas of the
largest need to resolve Clean Air Act compliance issues.
Requires an agency plan for long term zero-emission bus needs
and a fleet transition study.
Sec. 2404. Restoration to state of good repair formula subgrant [49 USC
5339(d)]
Creates a subgrant, administered through the bus formula
grant, that provides an increase in funding for transit
agencies with the oldest buses. As these buses are replaced,
the formula will automatically allocate funds to the agencies
with the next oldest buses, creating a rolling funding increase
that targets the agencies with the oldest buses.
Subtitle E--Supporting All Riders
Sec. 2501. Low-income urban formula funds [49 USC 5336(j)]
Doubles the urban formula low-income set aside from three
to six percent. Expands the formula to include an emphasis on
the low-income population in urban census tracts with a poverty
rate above 20 percent. Requires transit agencies to ensure they
are serving low-income individuals.
Sec. 2502. Rural persistent poverty formula [49 USC 5311(a)]
Sets aside $50 million a year, administered through the
rural formula grant, but based on rural areas with persistent
poverty counties, defined as a county with a poverty rate above
20 percent since 1990. Requires States to distribute these
Federal funds to persistent poverty counties.
Sec. 2503. Demonstration grants to support reduced fare transit
Creates a demonstration grant to provide for a reduced fare
for low-income riders to help close transit equity gaps.
Requires collaboration with a University Transportation
Research Center to study the impacts of these demonstration
grants.
Subtitle F--Supporting Frontline Workers and Passenger Safety
Sec. 2601. National transit frontline workforce training center [49 USC
5314(b)]
Creates a training center modeled on the successful
National Transit Institute, but with a frontline employee
mandate. Establishes labor-management partnerships to provide
standards-based training in maintenance and operations
occupations. The focus will include developing training
standards, local training partnerships, training for new
technologies including zero-emission buses, and training on
safety and emergency preparedness.
Sec. 2602. Public transportation safety program [49 USC 5329]
Expands the national safety plan to include driver assist
technologies and driver protection infrastructure.
Expands the transit agency safety plan to include a focus
on passenger and personnel injuries, assaults, and fatalities;
a risk management process to address transit worker assaults, a
joint labor-management safety committee empowered to approve
the safety plan; and a comprehensive frontline workforce
training program on safety and de-escalation.
Sec. 2603. Innovation workforce standards
Prevents a transit agency from deploying an automated
vehicle that duplicates, eliminates, or reduces the frequency
of existing public transportation service or a mobility on
demand service unless it meets section 5316 requirements.
Requires transit agencies considering transit automated
vehicles and mobility on demand service to develop a workforce
development plan describing how the automated vehicle will
affect transit workers. Ensures transit workers are given fair
notice if their job is jeopardized by a transit automated
vehicle or mobility on demand service.
Sec. 2604. Safety performance measures and set asides [49 USC 5329]
The safety committee must establish performance measures
for the risk reduction program using a three-year rolling
average of the data in the National Transit Database. Transit
agencies must set aside at least 0.75 percent of their 5307
funds, which are eligible for any purpose under 5307. If an
agency fails to meet the performance measures, then their
safety set aside must 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 [49 USC 5341]
For rolling stock purchases over $10 million, agencies
shall include in their request for proposals an incentive for
manufacturers to include fair wages, apprenticeships, local
hire, and traditionally underrepresented labor.
Sec. 2606. Technical assistance and workforce development
Provides technical assistance to rural and tribal public
transit focused on innovation and capacity-building.
Subtitle G--Transit-Supportive Communities
Sec. 2701. Transit-supportive communities [49 USC 5328]
Establishes an Office of Transit-Supportive Communities to
make grants, provide technical assistance, coordinate transit-
housing policies across the Federal government, and incorporate
strategies to promote equity for underrepresented and
underserved communities.
The office will make grants available under the Transit
Oriented Development Planning grant program, for eligible
grantees who are designing or building a fixed guideway transit
line, or serving an existing fixed guideway transit line, a
station that is part of a fixed guideway transit system, or the
immediate corridor surrounding a high-frequency transit line.
Sec. 2702. Property disposition for affordable housing [49 USC 5334(h)]
Allows a grantee to transfer property no longer needed to a
local government authority, non-profit, or other third party
for the purpose of transit-oriented development and releases
the Federal interest in that asset. Requires that at least 40
percent of the housing units in such a project be offered as
affordable housing.
Sec. 2703. Affordable housing incentives in capital investment grants
[49 USC 5309]
Provides multiple incentives in the CIG ratings process if
the project preserves or encourages higher density affordable
housing near the project. Allows Economic Development
Administration Public Works grants and Department of Housing
and Urban Development Community Development Block Grants to be
counted as part of the local share, provided that the funds are
used in conjunction with an affordable housing development.
Subtitle H--Innovation
Sec. 2801. Mobility innovation sandbox program [49 USC 5312(d)]
Authorizes Mobility on Demand research and ties it to the
types of projects eligible under Section 5316--Mobility
Innovation.
Sec. 2802. Transit bus operator compartment redesign program [49 USC
5312(d)]
Authorizes FTA research on redesigning bus driver
compartments to improve driver visibility, expand driver
functionality, and reduce driver assault.
Sec. 2803. Federal Transit Administration Every Day Counts initiative
[49 USC 5312]
Establishes a new FTA Every Day Counts initiative, which
currently exists within FHWA as a successful State DOT
deployment program for innovative technologies and practices.
Sec. 2804. Technical corrections [49 USC 5312]
Replaces research and deployment of ``low-no'' emission
buses with zero-emission buses. Fixes several clerical errors.
Sec. 2805. National advanced technology transit bus development program
Authorizes 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.
Subtitle I--Other Program Reauthorizations
Sec. 2901. Reauthorization for capital and preventive maintenance
projects for Washington Metropolitan Area Transit Authority.
[PL 110 432, Division B, Title IV, Sec. 601]
Reauthorizes capital and preventive maintenance projects
for WMATA and provides greater independence and a dedicated
budget for the WMATA Inspector General.
Sec. 2902. Other apportionments. [49 USC 5336]
Provides $245 million for FY22 through FY25 for passenger
ferries. Increases the Small Transit Intensive Cities (STIC)
program set-aside to three percent and provides a three-year
phase out for prior STIC recipients who no longer qualify under
a new census designation.
Subtitle J--Streamlining
Sec. 2911. Fixed guideway capital investment grants. [49 USC 5309]
Reduces the bureaucratic burden within the Capital
Investment Grant (CIG) approval process. The Federal approval
process for a new transit project is burdensome in comparison
to the Federal approval process for a new highway project.
Modifications to the CIG program include:
Small Starts: The Federal cost cap for
small starts projects increases to $320 million and the
total cost cap increases to $400 million, providing
more small projects a streamlined approval process.
Core Capacity: Adds station expansion
eligibility to core capacity projects. Allows these
projects to start planning additional capacity 10 years
before the corridor reaches capacity.
Engineering phase: Increases to three years
the time projects have to move through the engineering
phase.
Project Development phase: Cost and risk
assessments may not be required in the project
development phase, but applicants may choose to do
their own assessments and FTA can provide technical
assistance.
Federal Cost Share: Reestablishes an 80
percent CIG cost cap for all CIG projects. Replaces the
requirement on FTA to minimize Federal cost share, with
an option for a transit agency to choose a CIG cost
share under 60 percent. Transit agencies that remain
under 60 percent cost share are subject to less
strenuous requirements for project approval by allowing
the applicant to: determine the amount of the
contingency funds; certify that local resources are
available to continue running their current service;
and secure only 75 percent of the local financial
commitment to sign the Full Funding Grant Agreement
(FFGA), with the remaining 25 percent budgeted, but not
committed.
Contingency Funds: For projects that seek
the higher cost share, FTA will now provide 50 percent
of the contingency amount required.
Project Rating Incentives: Expands the use
of incentives (warrants) for projects with a total cost
under $1 billion or projects that selected the lower
cost share. This allows more projects to get automatic
ratings when they meet certain criteria.
Transparency: Provides an opportunity for
applicants to seek clarification, at several key stages
of the approval process, of what information FTA still
requires from the applicant to secure project approval.
Requires FTA to create a publicly-accessible CIG
dashboard to post monthly updates on the status of each
CIG project in the approval process or under
construction including the status of pending approvals.
Congressional Notification: Reduces the
number of days before a project can be signed after
Congressional notification to accelerate project
approval.
Interrelated Projects: Allows a rating
improvement in mobility for projects that have another
related project in the planning process that has
secured initial NEPA guidance and will boost ridership
on the current project seeking a rating.
Timely ROD Publication: Requires the
Secretary to publish a Record of Decision within two
years of issuing a draft environmental impact statement
in the New Starts tranche.
Sec. 2912. Rural and small urban apportionment deadline [49 USC 5336]
Requires FTA to apportion formula funds made available by
appropriation continuing resolutions to States by December 15th
of the fiscal year. States may choose to apply for these funds
or wait for the full-year apportionment. This will provide
better access to Federal formula funds to small urban areas,
rural areas, and service providers for seniors or individuals
with disabilities.
Sec. 2913. Disposition of assets beyond useful life [49 USC 5334]
Establishes a new policy for proceeds from the sale of old
equipment. The original Federal share of the proceeds shall be
retained by each transit agency and available for new capital
projects following Federal rules.
Sec. 2914. Innovation coordinated access and mobility [49 USC 5311]
Expands an existing program designed to streamline the
coordination of public transportation services and non-
emergency medical transportation. Creates start-up grants
designed to launch a coordinated approach of delivering better
service by reducing duplication of services from different
local, State, and Federal healthcare agencies. Creates
incentive grants to capture the savings from the coordination
and reduced health care costs and redirects those savings back
into better service.
Sec. 2915. Passenger ferry grants
Authorizes the Secretary to make grants for zero or reduced
emission passenger ferries.
Sec. 2916. Evaluation of benefits and Federal investment
Amends the Capital Investment Grant program criteria to
include projects that improve transportation options to
economically distressed areas.
TITLE III--HIGHWAY TRAFFIC SAFETY
Sec. 3001. Authorization of appropriations
Authorizes $4.3 billion in contract authority for FY22
through FY25 for National Highway Traffic Safety Administration
(NHTSA) programs.
Sec. 3002. Highway safety programs [23 USC 402]
Creates new State highway safety program requirements to
address: the risk of leaving children or other unattended
occupants in vehicles when there is a risk of hyperthermia; the
proper use of child safety seats, including booster seats, with
an emphasis on underserved populations; and to reduce deaths
and injuries resulting from violations of State `move over
laws' which require drivers to reduce their speed or change
lanes when there is an emergency or other vehicle parked on or
near a roadway. Requires States which have legalized marijuana
to consider additional programs to increase public awareness of
the dangers of marijuana-impaired driving and to reduce
injuries and fatalities resulting from marijuana-impaired
driving. Allows an exemption from the prohibition on Sec. 402
funds being used for automated traffic enforcement systems if
the system is being used in either a school zone or work zone.
Directs the Secretary to enhance the ability for public review
of State highway safety plans and reports by publishing each
State's plan and report on a public-facing website which can be
easily navigated and searched. The website must have a means
for the public to search a plans' content, including by
performance measures, program areas and expenditures, and
additional funding sources.
Sec. 3003. Traffic safety enforcement grants [23 USC 402(l)]
Establishes a $35 million grant program to increase use of
top-rated traffic safety countermeasures proven to reduce
traffic fatalities and injuries. Provides additional resources
for up to ten States to carry-out countermeasures rated 3, 4,
or 5 stars in the most recent edition of the National Highway
Traffic Safety Administration's Countermeasures That Work
highway safety guide. Funds must be targeted to areas with the
highest risk of traffic fatalities and injuries, and States
must report traffic safety data to the Secretary in order to
determine effectiveness of the program.
Sec. 3004. Highway safety research and development [23 USC 403]
Makes technical changes to clarify the Secretary's
authority to use certain funds for a cooperative program to
research and evaluate priority highway safety countermeasures.
Removes the set-aside for the in-vehicle alcohol detection
device research program.
Sec. 3005. Grant program to prohibit racial profiling [23 USC 403(h)]
Provides $7.5 million for a grant program to encourage
States to enact and enforce a law that prohibits the use of
racial profiling in highway law enforcement and to maintain and
allow public inspection of statistical information for each
motor vehicle stop in the State regarding the race and
ethnicity of the driver and any passengers.
Sec. 3006. High visibility enforcement program [23 USC 404]
Establishes individual campaigns dedicated to reducing
drug-impaired driving and drunk driving. Expands focus of
occupant protection campaigns to include proper use of child
restraints. Creates new campaigns focused on distracted driving
and violations of `move over laws' which protect road-side
first responders and law enforcement. Doubles the number of
campaigns from three to six per year and requires drunk driving
campaigns to occur twice per year. Improves visibility and
education efforts of campaigns through coordinated use of
dynamic highway messaging signs.
Sec. 3007. National priority safety programs [23 USC 405]
Makes targeted improvements to certain priority safety
grant programs which have been previously underutilized,
including programs for: the use of ignition interlocks;
enactment and enforcement of State distracted driving laws; and
State graduated driver's licensing laws. Reforms will increase
State participation while maintaining strong safety standards.
Amends the occupant protection grant program to increasing
funding for child passenger safety restraints and to implement
child passenger safety programs in areas with low-income and
underserved populations.
Expands eligibility under the State traffic safety
information system improvements grant to improve data sharing
and interoperability between States' driver record systems.
Allows States to perform mandatory assessments of their traffic
safety record systems once every ten years instead of once
every five.
Creates new grant program which incentives States to
develop and implement driver and law enforcement training
programs to educate both groups on proper traffic stop
procedure in order to reduce the potential for conflict during
traffic stops.
Enables the Secretary to transfer any funds remaining under
this section at the end of the fiscal year to carry out
activities under either Sec. 402 or Sec. 405.
Sec. 3008. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence. [23 USC 164]
Expands eligible uses of penalty funds for States which
haven't enacted or aren't enforcing a repeat intoxicated driver
law to include `poly-substance impaired driving' in addition to
`alcohol-impaired driving' countermeasures.
Sec. 3009. National priority safety program grant eligibility
Requires NHTSA to report a list of all deficiencies which
disqualified a State from receiving a national priority safety
program grant, if the State's application is denied.
Sec. 3010. Implicit bias research and training grants
Establishes a new discretionary grant program for higher
education institutions to conduct research and train law
enforcement on implicit bias as it relates to racial profiling
during traffic stops.
Sec. 3011. Stop motorcycle checkpoint funding [23 USC 153 note]
Ensures that DOT funds may not be used for any program that
would profile or stop motorcyclists based on clothing or mode
of transportation.
Sec. 3012. Electronic driver's license
Allows a State-issued electronic driver's license to
qualify as acceptable identification under the REAL ID Act.
Sec. 3013. Motorcyclist Advisory Council
Reauthorizes the Motorcyclist Advisory Council to advise
NHTSA and FHWA on transportation issues important to
motorcyclists.
TITLE IV--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grants, Operations, and Programs
Sec. 4101. Motor carrier safety grants [49 USC 31104]
Authorizes $2.2 billion in contract authority for FY22
through FY25 for motor carrier safety grants under the Federal
Motor Carrier Safety Administration (FMCSA) to assist States in
truck and bus safety oversight and enforcement activities,
commercial driver licensing, and technology improvements to
support those efforts. Includes $1.6 billion for Motor Carrier
Safety Assistance Program (MCSAP) grants; $300 million for High
Priority Activities grants; $232 million for Commercial
Driver's License Program Implementation grants; and $4.3
million for Commercial Motor Vehicle Operators grants.
Authorizes the Administrator to carry out training for State
enforcement personnel in partnership with one or more not-for-
profit organizations. Extends the grant period of performance
by one year to ensure program funds do not lapse and allows the
Secretary to redistribute unobligated funds.
Amends Commercial Driver's License Program Implementation
grants to limit to $250,000 the amount a State can receive
under the program in any fiscal year that a State has a delay
of more than 7 days for scheduling a CDL skills test and if the
State does not allow private commercial driving schools from
administering the skills test.
Sec. 4102. Motor carrier safety operations and programs [49 USC 31101]
Authorizes $1.5 billion for FY22 through FY25 for FMCSA's
motor carrier safety operations and programs. Directs the
Administrator to utilize additional program amounts to
accelerate investments to modernize the agency's information
technology and information management systems, complete any
outstanding statutory mandates, and undertake a new Large Truck
Causation study.
Sec. 4103. Immobilization grant program [49 USC 31102(l)]
Establishes a new grant program for States to impound or
immobilize passenger-carrying commercial motor vehicles found
to have significant safety violations. Requires FMCSA, in
consultation with the States, to establish a list of current
safety violations that are serious enough to warrant immediate
removal of a passenger-carrying commercial motor vehicle from
the roadway. States can use the grant funds to impound or
otherwise immobilize a passenger-carrying commercial motor
vehicle found to have such a violation.
Subtitle B--Motor Carrier Safety Oversight
Sec. 4201. Motor carrier safety advisory committee
Extends the authorization for the Motor Carrier Safety
Advisory Committee through FY25 and adds small carriers among
those required to be represented on the Committee.
Sec. 4202. Compliance, safety, accountability
Requires the Secretary, within one year of enactment, to
revise the methodology used to identify and prioritize motor
carriers for safety interventions under the Compliance, Safety,
Accountability (CSA) program. Requires the Secretary to make
safety data publicly available as part of this process.
Requires progress reports to Congress 30 days after enactment,
and every 90 days thereafter on the status of the development
of the revised methodology and related data modifications.
Requires the Secretary to publish regulations to revise the
process for issuing safety fitness determinations for motor
carriers no later than 1 year after implementing the new CSA
methodology.
Sec. 4203. Terms and conditions for exemptions [49 USC 31315]
Requires the Secretary to establish terms and conditions
for carriers and drivers operating under an exemption from
safety rules, including requiring the regular submission of
safety data, carrying documentation of the exemption, and for
exemptions related to hours of service rules, participation in
a recognized fatigue management plan.
Sec. 4204. Safety fitness of motor carriers of passengers [49 USC
31144]
Requires the Secretary to review the safety of entities
that offer and sell tickets for scheduled motorcoach
transportation, regardless of ownership or control of the
vehicles or drivers used to provide the transportation.
Sec. 4205. Providers of recreational activities
Exempts providers of recreational activities operating
small passenger vehicles from Federal registration requirements
if they operate within 150 air mile radius.
Sec. 4206. Amendments to regulations relating to transportation of
household goods in interstate commerce
Directs DOT to update regulations related to the interstate
transportation of household goods, and to consider changes
recommended by the FAST Act's Household Goods Consumer
Protection Working Group.
Subtitle C--Commercial Motor Vehicle Driver Safety
Sec. 4301. Commercial driver's license for passenger carriers [49 USC
31301]
Requires drivers of passenger vehicles designed or used to
transport more than eight passengers, for compensation, to hold
a Commercial Driver's License.
Sec. 4302. Alcohol and controlled substances testing [49 USC 31306]
Makes a technical change to 49 USC 31306 to ensure that
FMCSA has the authority to implement oral fluids testing if the
Department of Transportation amends its drug and alcohol
testing regulations to permit oral fluids testing.
Sec. 4303. Entry-level driver training
Requires progress reports to Congress 30 days after
enactment, and every 90 days thereafter until full
implementation of FMCSA's Entry Level Driver Training rule,
including: a schedule and benchmarks to finalize implementation
of the requirements; reporting of any anticipated delays in
meeting the benchmarks; progress made in updating FMCSA's
information technology infrastructure to support the training
rule; and progress made by States in implementing the rule.
Sec. 4304. Driver detention time
Requires the Secretary to begin collecting data on delays
experienced by drivers in the loading and unloading of goods,
or detention time, within 30 days of enactment. Requires such
data to be made publicly available in anonymized manner.
Requires a rulemaking, no later than 1 year after enactment, to
establish limits on the amount of time that a driver may be
reasonably detained, unless compensated for the time.
Sec. 4305. Truck Leasing Task Force
Requires the Secretary of Transportation, in consultation
with the Secretary of Labor, to establish a Truck Leasing Task
Force to examine common truck leasing agreements, and the terms
of such agreements, available to truck drivers, including port
drayage drivers specifically. The Task Force shall also examine
the impact of truck leasing agreements on the net compensation
of drivers, and resources available to assist drivers in
assessing the impacts of leasing agreements.
Sec. 4306. Hours of service
Requires FMCSA to conduct a comprehensive review of the
impacts of current hours of service rules, including
exemptions, and prohibits expansions of on-duty time for
commercial truck drivers proposed by the agency from taking
effect until 60 days after the submission of the results of the
review to Congress. The Secretary must document existing
exemptions from hours of service rules and conduct a safety
analysis and a driver impact analysis as part of the
comprehensive review. Directs FMCSA to revise the agency's
guidance with respect to the use of a commercial motor vehicle
for personal conveyance, to establish specific mileage or time
limits on the use of this exception.
Sec. 4307. Driver recruitment
Requires the Department of Transportation Inspector General
to examine and report to Congress on the prevalence of the
operation of commercial motor vehicles by drivers admitted to
the United States under temporary business visas, and the
safety impacts of such operations.
Sec. 4308. Screening for obstructive sleep apnea
Directs the Federal Motor Carrier Safety Administration
(FMCSA) to, within 6 months, assess the risks posed by
untreated obstruction sleep apnea, within 12 months, initiate a
rulemaking to establish screening criteria for obstructive
sleep apnea among commercial vehicle drivers.
Sec. 4309. Women of Trucking Advisory Board
Directs the FMCSA Administrator to establish and facilitate
a ``Women of Trucking Advisory Board'' to encourage
organizations and programs that provide education, training,
mentorship, or outreach to women in the trucking industry; and
recruit women into the trucking industry.
Subtitle D--Commercial Motor Vehicle and School Bus Safety
Sec. 4401. Schoolbus safety standards
Directs the Secretary to review the costs and benefits of
requiring lap/shoulder belts in large school buses and to
consider requiring seat belts in newly manufactured school
buses. Requires newly manufactured school buses to be equipped
with automatic emergency braking and electronic stability
control systems. Directs the Secretary to conduct research and
testing on fire prevention and mitigation standards--including
firewalls, fire suppression systems, and interior flammability
and smoke emissions characteristics--for large school buses and
consider issuing updated standards.
Sec. 4402. Illegal passing of schoolbuses
Requires the Secretary to review State laws prohibiting
passing of school buses and barriers to effective enforcement,
and issue recommendations on best practices. Requires the
Secretary to carry out a public messaging campaign to highlight
the dangers of illegal passing and educate students and the
public on safe loading and unloading of school buses. Directs
the Secretary to conduct an evaluation of safety technologies
surrounding loading zone safety, such as motion activated
detection systems, lighting, cameras, and other technologies.
The Secretary is also required to research connections between
illegal passing of school buses and factors such as distracted
driving, school bus stop locations, and illumination and reach
of vehicle headlights. Requires the Secretary to review State
driver education materials on school bus passing and make
recommendation to States on how to improve driver education.
Sec. 4403. State inspection of passenger-carrying commercial motor
vehicles
Requires the Secretary to issue final regulations on
whether to require State-based vehicle inspection programs for
passenger-carrying commercial motor vehicles, and to consider
the impacts of the Secretary's current regulations allowing
self-inspections to satisfy periodic inspection requirements.
Sec. 4404. Automatic emergency braking
Requires the Secretary, no later than one year after
enactment, to prescribe a motor vehicle safety standard and
accompanying performance requirements for all newly
manufactured commercial motor vehicles to be equipped with an
automatic emergency braking system, and to require that systems
installed in a vehicle be in use during operation. The
Secretary is directed to consult with representatives of
commercial motor vehicle drivers regarding their experiences
with automatic emergency braking systems already in use,
including malfunctions or unwarranted activations of such
systems.
Sec. 4405. Underride protection
Directs the Secretary to strengthen rear underride guard
standards within one year of enactment, and to conduct
additional research on the design and development of rear
impact guards to prevent underride crashes at higher speeds.
Requires the Secretary to amend regulations on minimum periodic
inspections to include rear impact guards and rear end
protection. Requires the Secretary to complete additional
research on side underride guards and consider the feasibility,
benefits, and costs associated with installing side underride
guards, and if warranted, develop performance standards.
Requires the Secretary to report to Congress on the findings of
the research and the analysis that leads to the determination
whether to develop performance standards. Creates an Advisory
Committee on Underride Protection.
Sec. 4406. Transportation of horses [49 USC 80502]
Prohibits the interstate transportation of horses in a
motor vehicle containing two or more levels stacked on top of
one another and authorizes civil penalties of at least $100 but
not more than $500 for each violation of this prohibition.
Sec. 4407. Additional State authority
Provides limited authority for a State to modify the total
length of a longer combination vehicle permitted to operate in
such State, if the modification is solely to allow a larger
tractor, and provided that none of the additional length can be
to increase the length of a trailer, semi-trailer, or other
cargo-carrying unit of the LCV.
Sec. 4408. Updating the required amount of insurance for commercial
motor vehicles
Increases the minimum amount of insurance required for
commercial motor vehicles from $750,000 to $2 million, and
directs this amount to be adjusted for inflation by FMCSA every
5 years.
TITLE V--INNOVATION
Sec. 5001. Authorization of appropriations
Authorizes $2.2 billion in contract authority for FY22
through FY25 for research programs.
Subtitle A--Research and Development
Sec. 5101. Highway research and development program [23 USC 503(b)]
Increases funding to $144 million for FY22 through FY25 for
the Highway Research and Development Program and removes set-
asides that previously took funding away from critical research
activities. Adds greenhouse gas emissions reduction to the
objectives of the Highway Research and Development Program.
Adds ferry systems to the Conditions and Performance report.
Directs DOT to develop modeling tools and databases to track
highway assets, traffic flows, and long-distance network
connectivity to better inform planning for both passenger and
freight travel. Authorizes FHWA to obtain and develop datasets
and tools that enable States, MPOs, and others to better
evaluate performance management and accessibility to jobs and
services.
Sec. 5102. Materials to reduce greenhouse gas emissions program [23 USC
503(d)]
Establishes a new comprehensive research, development, and
deployment pipeline to advance the use of greener construction
materials. The program will award grants to universities to
research greener material designs and practices during the
production and construction process, including the ability for
materials to sequester carbon from the atmosphere.
Sec. 5103. Transportation research and development 5-year strategic
plan [49 USC 6503]
Requires the Secretary to issue the Department's research
and development plan every 5 years. Amends the 5-year plan to
include greenhouse gas emissions reduction and workforce
issues.
Sec. 5104. University transportation centers program [49 USC 5505]
Increases funding to $96 million for FY22 through FY25 for
the University Transportation Centers Program. Adds FTA to the
administration of the program. Increases Federal share and
increases maximum grant amounts. Requires that two grantees be
Historically Black Colleges and Universities. Adds focused
research on transit, rail, connected and automated vehicles,
bicyclist and pedestrian safety, surface transportation
workforce issues, planning, and climate change. Provides
flexibility to transfer surplus funds to support further
research in the Unsolicited Research Initiative in section
5105.
Sec. 5105. Unsolicited research initiative [23 USC 5506]
Establishes a new program through which local governments,
universities, and nonprofits may, at any time, propose research
projects to the Secretary. This will expand opportunities for
fundamental, non-applied research in the Department.
Sec. 5106. National cooperative multimodal freight transportation
research program [49 USC 70205]
Reestablishes the freight transportation cooperative
research program in conjunction with the National Academies.
Guides research efforts through an advisory committee
consisting of regulators, industry representatives, labor
representatives, environmental experts, and safety groups.
Research will include the effects of growing freight demands on
the environment, safety, and congestion; technological
solutions and challenges for freight movement; improving the
National Multimodal Freight Network; truck parking; and
planning for the changing nature of freight movements,
including first and last-mile challenges.
Sec. 5107. Wildlife-vehicle collision reduction and habitat
connectivity improvement
Authorizes a study on wildlife-vehicle collisions and
habitat connectivity, to update previous FHWA research. Directs
the Secretary to create workforce development and training
courses based on the study. Requires the Secretary to issue
voluntary guidance to develop a joint plan for wildlife
crossings among participating States. Directs the Secretary to
standardize wildlife-vehicle collisions and habitat
connectivity data. Authorizes additional voluntary guidance to
establish a threshold for determining whether a highway could
benefit from wildlife crossing infrastructure.
Sec. 5108. Research activities [49 USC 330]
Reauthorizes the set-aside for coordination, evaluation,
and oversight of research programs.
Sec. 5109. Innovative materials innovation hubs
Establishes Innovative Materials Innovation Hubs program to
conduct research and development on innovative materials used
in infrastructure projects.
Subtitle B--Technology Deployment
Sec. 5201. Technology and innovation deployment program [23 USC 503(c)]
More than doubles funding to $152 million for FY22 through
FY25 for the Technology and Innovation Deployment Program. Adds
greenhouse gas emissions reduction to the objectives of the
FHWA Technology and Innovation Deployment Program (TIDP).
Sec. 5202. Accelerated implementation and deployment of pavement
technologies [23 USC 503(c)(3)]
Adds to this program an emphasis on innovative pavement
designs, materials, and practices that will reduce greenhouse
gas emissions. Expands program reporting requirements to
include extensive GHG-reducing and resilience factors, such as
stormwater management, pavement durability, and energy
efficiency. This program will complement the deployment efforts
of the MRGGE program in section 5102.
Sec. 5203. Federal Highway Administration Every Day Counts initiative
[23 USC 520]
Codifies the FHWA Every Day Counts initiative, a successful
deployment effort among the Department and State DOTs.
Subtitle C--Emerging Technologies
Sec. 5301. Safe, efficient mobility through advanced technologies [23
USC 503(c)(4)]
Renames the ATCMTD program to the Safe, Efficient Mobility
through Advanced Technology (SEMAT) Program. Focuses the
program's objectives on mobility, safety, and greenhouse gas
emissions reduction. Requires the Secretary to prioritize
programs that will improve mobility, decrease congestion,
increase safety, and reduce emissions. Expands eligible uses of
funds to include vehicle-to-pedestrian safety systems,
vulnerable road user safety systems, and mobility-on-demand
activities. Enhances reporting requirements. Increases funding
to $70 million per year and expands the Federal share of the
program to 80 percent.
Sec. 5302. Intelligent transportation systems program [23 USC 513 516]
Adds consideration of greenhouse gas emissions reduction
throughout the Intelligent Transportation Systems program.
Reauthorizes the ITS Program Advisory Committee. Removes set-
asides that previously took funding away from intelligent
transportation activities.
Sec. 5303. National highly automated vehicle and mobility innovation
clearinghouse [49 USC 5507]
Establishes a national clearinghouse at a university to
research the impacts of highly automated vehicles and mobility
innovation (Mobility on Demand and Mobility as a Service) on
land use, urban design, transportation, real estate,
accessibility, municipal budgets, social equity, and the
environment.
Sec. 5304. Study on safe interactions between automated vehicles and
road users
Directs U.S. DOT to study how automated vehicles will
safely interact with general road users, including vulnerable
road users such as bicyclists and pedestrians. Includes
numerous safety considerations to ensure that the study
accounts for the complexities of the surface transportation
system and its many users. Establishes a working group of road
users to guide the study.
Sec. 5305. Non-traditional and emerging transportation technology
council [49 USC 118]
Authorizes the Non-Traditional and Emerging Transportation
Technology (NETT) Council to develop cohesive regulatory
practices for novel transportation technologies presented to
the Department of Transportation.
Sec. 5306. Hyperloop transportation
Directs the NETT Council to issue guidance within 18 months
of enactment to establish a clear regulatory framework for
hyperloop transportation.
Sec. 5307. Surface transportation workforce retraining grant program
Establishes a workforce retraining grant program for
surface transportation workers whose jobs have been or will be
affected by automation. The program will award grants to
eligible entities to test new roles for existing jobs, to
develop degree or certification-granting programs, and for
direct worker training or train-the-trainer programs.
Sec. 5308. Third-party data integration pilot program
Establishes a pilot program to leverage anonymous
crowdsourced data from third-party entities to implement
integrated traffic management systems that will improve traffic
flow.
Sec. 5309. Third-party data planning integration pilot program
Establishes a pilot program to leverage anonymous
crowdsourced data from third-party entities to improve
transportation planning.
Subtitle D--Surface Transportation Funding Pilot Programs
Sec. 5401. State surface transportation system funding pilots
Nearly doubles funding for State-level VMT pilot programs
and directs program dollars towards implementation of
successful State programs. Adds cybersecurity to the scope of
the pilot programs.
Sec. 5402. National surface transportation system funding pilot
Establishes a new five-year national VMT pilot program.
Directs the Secretary to solicit participants from all 50
States and the District of Columbia. Incorporates passenger and
commercial vehicles, including vehicle fleets. Provides
flexibility for the type of revenue-collection mechanism used
in the pilot, including successful VMT pilots implemented at
the State level. Directs collected revenue to the Highway Trust
Fund. Establishes advisory board to help carry out the pilot.
Subtitle E--Miscellaneous
Sec. 5501. Ergonomic seating working group
Establishes a working group to improve the musculoskeletal
health of transit and commercial vehicle drivers by developing
stronger ergonomic seating standards in transit and commercial
vehicles.
Sec. 5502. Repeal of section 6314 of title 49, United States Code [49
USC 6314]
Repeals the Port Performance Freight Statistics Program.
Sec. 5503. Transportation workforce outreach program [49 USC 5508]
Directs the Secretary to establish a public service
announcement campaign to increase awareness of transportation
sector career opportunities and to increase diversity in the
transportation sector.
Sec. 5504. Certification on ensuring no human rights abuses
Requires certification by the Secretary of Commerce
regarding the minerals used for programs to reduce greenhouse
gas emissions.
TITLE VI--MULTIMODAL TRANSPORTATION
Sec. 6001. National multimodal freight policy [49 USC 70101]
Revises the National Multimodal Freight Policy to include
further consideration of environmental and equity impacts.
Sec. 6002. National freight strategic plan [49 USC 70102]
Revises the National Freight Strategic Plan to include
further consideration of environmental and equity impacts.
Sec. 6003. National multimodal freight network [49 USC 70103]
Amends the National Multimodal Freight Network to include
ports that have a total annual cargo value of at least $1
billion. Establishes a new deadline for the Secretary to
designate a final National Multimodal Freight Network and
requires the Secretary to report to Congress on the resources
that will be used to meet this deadline. Allows for the
establishment of critical urban multimodal freight corridors in
the same manner as the establishment of critical rural
multimodal freight corridors.
Sec. 6004. State freight advisory committees [49 USC 70201]
Provides for the participation of additional stakeholders
in State freight advisory committees, including metropolitan
planning organizations, State environmental departments, and
State air quality departments.
Sec. 6005. State freight plans [49 USC 70202]
Revises the requirements for State Freight Plans to include
further consideration of environmental and equity impacts.
Sec. 6006. Study of freight transportation fee
Establishes a joint task force between the Department of
Transportation and the Internal Revenue Service to study the
establishment and administration of a fee on multimodal freight
surface transportation services. Includes an assessment of the
revenue such a fee would generate, the entities that would be
impacted by such a fee, and assessments of related operational
and administrative issues. Requires the Secretary to report to
Congress on the outcome of the study.
Sec. 6007. National Surface Transportation and Innovative Finance
Bureau [49 USC 116]
Modifies the purpose of the Bureau to include proactive
outreach to communities located outside of metropolitan or
micropolitan statistical areas and coordinating with the
Department of Agriculture's Office of Rural Development, the
Environmental Protection Agency's Office of Community
Revitalization, and any other agencies that provide technical
assistance for rural communities.
Sec. 6008. Local hire
Authorizes pilot program to allow FHWA or FTA grantees,
including States, local recipients, and subrecipients, to
utilize local or other geographic labor hiring preferences,
economic-based labor hiring preferences, and labor hiring
preferences for veterans.
Sec. 6009. FTE Cap
Establishes the number of full-time equivalent positions
that may be employed in any fiscal year in the immediate office
of the Secretary of Transportation.
Sec. 6009. Identification of COVID-19 testing needs of critical
infrastructure employees
Requires the Secretary to adopt the Department of Homeland
Security's categorization of essential critical infrastructure
workers. Requires the Secretary to coordinate with the Centers
for Disease Control and Prevention and the Federal Emergency
Management Agency to support State and local efforts to provide
such workers with COVID-19 testing and access to personal
protective equipment.
TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT
Sec. 7001. Transportation Infrastructure Finance and Innovation Act [23
USC Chapter 6]
Streamlines the program by raising the threshold above
which projects are required to secure multiple credit rating
agency opinions. Further clarifies that the proceeds of a
secured loan under TIFIA shall be considered part of the non-
Federal share of a project under title 23 or chapter 53 of
title 49 if the loan is repayable from non-Federal funds.
Allows territories to use funds made available under this
section for the non-Federal match under the TIFIA program.
Clarifies the criteria under which projects are eligible for
the streamlined application process. Provides additional
funding to allow the Department to waive fees for small
projects. Modifies reporting requirements to include
information on whether a TIFIA project is located in a
metropolitan or micropolitan area. Requires the Department to
issue public monthly status reports on TIFIA applications and
projects.
DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 8001. Short title
Establishes that this division may be cited as the
``Improving Hazardous Materials Safety Act of 2020.''
TITLE I--AUTHORIZATIONS
Sec. 8101. Authorization of appropriations
Authorizes the Pipeline and Hazardous Materials Safety
Administration (PHMSA) hazardous materials safety program at
$347 million over five years.
TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT
Sec. 8201. Repeal of certain requirements related to lithium cells and
batteries
Repeals Section 828 of the FAA Modernization and Reform Act
of 2012. That section prohibits DOT from issuing any regulation
ensuring the safety of transporting lithium batteries in air
cargo compartments of passenger and cargo planes if the
regulations are more stringent than the lowest common
denominator of international standards. Repealing this
provision helps protect the safety of all passengers flying in
the U.S. from safety risks associated with lithium batteries.
Sec. 8202. Transportation of liquefied natural gas by rail tank car
Requires DOT to rescind any authorization for the transport
of liquified natural gas (LNG) by rail tank car issued before
the date of enactment. Also prohibits DOT from issuing a
regulation or special permit to authorize the transport of LNG
by rail tank car until DOT conducts a further safety
evaluation. Directs FRA and PHMSA to initiate an evaluation of
the safety, security, and environmental risks of transporting
LNG by rail, which must include performance evaluation of tank
cars, including physical testing of rail tank cars. The
evaluation also must examine the impact of a discharge of LNG
from a rail tank car and consider several related issues,
including the benefits of route, speed, and consist
restrictions, the needs of first responders to prepare and
safely respond to incidents involving LNG, and the types of
safety enhancements required to make tank cars and certain rail
containers capable of moving LNG by rail safely. GAO must
verify that DOT has complied with this mandate.
Sec. 8203. Hazardous materials training requirements and grants
Authorizes the Assistance for Local Emergency Response
Training (ALERT) grant, which promotes hazmat response training
for volunteer or remote emergency responders, at $9 million
over five years.
DIVISION D--RAIL
Sec. 9001. Short title
Establishes that 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
Provides $29.3 billion over five years in grants to support
Amtrak's intercity passenger rail service on the Northeast
Corridor (NEC) and the National Network. Provides higher Amtrak
funding levels for FY 2021 and FY 2022 than subsequent years in
order to mitigate the effects of the COVID-19 pandemic on its
network. Additionally, $2 billion over five years of the
National Network grants will go to offset allocated national
costs that Amtrak charges states for state-supported routes.
Authorizes five-year appropriations for the State-Amtrak
Intercity Passenger Rail Committee at $15 million and the
Northeast Corridor Commission at $30 million. Further,
authorizes appropriations for the Amtrak Office of Inspector
General at $137.5 million over five years.
The Federal Railroad Administration (FRA) Safety and
Operations account is authorized at $1.165 billion over five
years. FRA's Railroad Research and Development account is
authorized at $230 million over five years. Funding is
specifically provided for research on the safety of liquefied
natural gas (LNG) by rail, grants for improving Class II and
Class III railroad safety, and to research the feasibility of
expanding railroad safety culture assessments and training to
include tourist, passenger, and commuter railroads.
The Committee recognizes that the SAFETEA-LU Technical
Corrections Act of 2008, Pub. Law 110-224, section 102,
established contract authority for Maglev, which the Federal
Highway Administration and Federal Railroad Administration have
confirmed remains available.
Sec. 9102. Passenger rail improvement, modernization, and expansion
grants
This new intercity passenger rail funding program
authorizes grant funding of $19 billion over five years for
state of good repair projects, service improvement projects,
and rail expansion projects. High speed rail projects are
eligible for the funds, and priority is given for projects that
incorporate regional planning and/or have the support of
multiple states and to projects that provide environmental
benefits, such as greenhouse gas reduction and other air
quality benefits. Within the grant program, 40 percent is
reserved for NEC projects and 40 percent is reserved for
projects outside the NEC, with a Federal cost-share of up to 90
percent.
Sec. 9103. Consolidated rail infrastructure and safety improvement
grants
Reauthorizes the FRA's discretionary grant program, CRISI,
at $7 billion over five years. Commuter rail authorities are
newly eligible, and project eligibilities are extended to
commuter rail transportation improvement projects, maintenance
and upgrades of railroad safety technology (including positive
train control), and the establishment of new quiet zones. The
section establishes a 50 percent set-aside for projects over
$100 million and removes a preference for projects with a lower
percentage of Federal funding. It also establishes a preference
for projects that benefit stations that are serviced by Amtrak
and commuter rail and are among the top 25 busiest Amtrak-
serviced stations, and such projects have the support of Amtrak
and the commuter operator. Grants awarded to commuter rail
authorities are transferred to the Federal Transit
Administration for grant administration, and commuter railroad
authorities must provide protective arrangements to employees
covered by railroad labor and retirement statutes who are
adversely affected by grant-funded projects. Additionally, the
provision defines ``capital project''.
Sec. 9104. Railroad rehabilitation and improvement financing
Through the RRIF program, the Department of Transportation
(DOT) provides direct loans and loan guarantees to finance
development of railroad infrastructure. New provisions direct
the Secretary to repay the credit risk premium (CRP) with
interest for each loan defined in cohort 3 (made between 2009
and 2015) not later than 60 days after all obligations attached
to each such loan has been satisfied. The section also
authorizes $130 million per year for the Secretary to pay the
CRP in whole or in part for loan and loan guarantees for state
and local governments, congressionally consented interstate
compacts, and government-sponsored authorities and
corporations. Of this, $125 million per year is reserved for
passenger rail projects. Allows for an alternative Credit Risk
Premium payment schedule for certain loans where the loan
amount is 50 percent or less of the total project cost. The
section makes permanent the authority for transit-oriented
development project loans, and it clarifies that RRIF loans may
be used as the non-Federal share of project costs if such loans
are repaid from non-Federal funds.
Sec. 9105. Buy America
Requires the Department of Transportation (DOT) to provide
notice and opportunity for public comment on requests for
waivers from FRA's Buy America standards at least 30 days
before making a finding on such request. Also requires DOT to
annually report to Congress on the waivers granted during the
preceding fiscal year.
Sec. 9106. Rail network climate change vulnerability assessment
In light of the risks posed to the passenger and freight
rail network from climate change and related ecological
disturbances, this section directs the Secretary of
Transportation to sponsor the National Academies to conduct an
assessment and submit a subsequent report on the potential
impacts of climate change on the national rail network. The
report will also address mitigation strategies to lessen
adverse impacts, including emergency preparedness measures and
resiliency best practices for infrastructure planning.
TITLE II--AMTRAK REFORMS
Sec. 9201. Amtrak findings, mission, and goals
Amtrak's findings, mission, and goals have been revised to
reflect Congressional priorities for Amtrak. Amtrak must
provide reliable national intercity passenger rail service now
and in the future, reflect the needs of all passengers, and
support the U.S. workforce.
Sec. 9202. Amtrak status
Clarifies that Amtrak serves the public interest in
providing reliable passenger rail service.
Sec. 9203. Board of directors
Effective 60 days after enactment, realigns the makeup of
Amtrak's board of directors to better prioritize Amtrak's long-
term success and reflect the interests of passengers and
Amtrak-served states. The board must represent the interests of
areas served by Amtrak, Amtrak's passengers and employees, in
addition to the Amtrak president and DOT. Also clarifies that
the board members provide advice and oversight of Amtrak
operations, with consideration for the travelling public's
safety and interests, and the long-term viability of national
passenger rail service.
Sec. 9204. Amtrak preference enforcement
Amtrak's preferential access to freight-owned corridors
dates to Amtrak's early years and is key to the future success
of intercity passenger rail transportation. This section
provides a means for Amtrak to enforce its statutory right of
preference directly in Federal court without intermediaries. By
statute, currently only the U.S. Department of Justice (DOJ)
can enforce preference in a civil action before a District
Court judge. In Amtrak's entire history, DOJ has initiated only
one enforcement action. This section does not change the DOJ's
authority to initiate an action, but instead supplements it by
providing Amtrak with similar authority to bring an action to
enforce preference in court.
Sec. 9205. Use of facilities and providing services to Amtrak
Clarifies and updates existing statutory provisions
governing Amtrak's access to host railroad lines for additional
trains and routes by conforming statutory deadlines,
distinguishing between additional services that can be
accommodated on existing rail infrastructure and those that
will require capital investments to increase rail line
capacity, specifying the process for an independent, Surface
Transportation Board (STB)-administered determination of any
necessary capital investments, and facilitating restoration of
Amtrak services previously operated. The Committee expects that
these changes will allow Amtrak to efficiently add additional
services on host railroads, while providing that any
unreasonable interference to freight service they would create
is mitigated by capital investments.
Sec. 9206. Prohibition on mandatory arbitration
Prohibits Amtrak from imposing mandatory arbitration. This
reverses Amtrak's recent change to its ticket policy to include
a mandatory arbitration clause that forces passengers who
purchase tickets to waive their right to file a lawsuit or
participate in a class action.
Sec. 9207. Amtrak ADA assessment
Amtrak's trains, stations, facilities, policies, and
decision-making processes must serve passengers with
disabilities. Existing facilities, including trains, stations,
and parking, should be fully accessible in accordance with the
Americans with Disabilities Act (ADA). This provision requires
Amtrak to perform a comprehensive review of all policies,
protocols, and guidelines for compliance with the ADA.
Sec. 9208. Prohibition on smoking on Amtrak trains
Prohibits smoking on Amtrak trains, including electronic
cigarettes.
Sec. 9209. State-supported routes operated by Amtrak
Increases transparency of the costs Amtrak assigns to
states for state-supported routes and calls for procedures to
improve financial planning. The section directs the State-
Amtrak Intercity Passenger Rail Committee to report on
potential improvements to the methodology that would promote
accountability and transparency. Further, the section requires
Amtrak to engage in early stakeholder engagement when
developing new state-supported routes, and Amtrak must receive
affirmative state permission before initiating such service.
The section also allows states and Amtrak to pursue an
alternative cost allocation method to facilitate the
development, construction, and operation of new state-supported
routes.
Sec. 9210. Amtrak Police Department
Requires Amtrak to identify the mission of the Amtrak
Police Department, including the scope 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. After doing so, Amtrak
must develop a workforce planning process that ensures adequate
employment levels of personnel necessary for fulling the
Department's mission and sets Department goals and metrics.
Sec. 9211. Amtrak food and beverage
Requires that any individual onboard a train who prepares
onboard food and beverage service is an Amtrak employee. The
section also establishes a working group charged with
developing recommendations, and issuing a report within one
year, on how to improve onboard food and beverage services.
Amtrak is prohibited from making changes to its food and
beverage service until 30 days after issuing a response to the
working group recommendations. The provision also requires
Amtrak to ensure that all long-distance passengers traveling
overnight have access to hot meals, not just sleeping car
passengers, and it removes statutory language limiting Amtrak's
ability to provide food and beverage service due to costs.
Sec. 9212. Clarification on Amtrak contracting out
Requires Amtrak to honor prohibitions or limitations on
contracting-out work that are covered by a collective
bargaining agreement (CBA) that Amtrak has entered into with a
union representing its workers. The section states that Amtrak
cannot contract out the work performed by an employee if such
employee has been laid off and has not been recalled to perform
such work. Also, it states that Amtrak and a union can include
in a CBA allowance for contracting out the work of an employee
who is laid off.
Sec. 9213. Amtrak staffing
Prevents Amtrak from contracting out work performed at
Amtrak call centers. The section also requires an Amtrak ticket
agent to staff each station with recent workforce cuts or where
there was more than an average of 40 Amtrak passengers boarding
or deboarding a long-distance train per day in the previous
fiscal year.
Sec. 9214. Special transportation
Requires Amtrak to offer reduced fares for certain
passenger groups, including veterans, young children, and
members of the military and their families.
Sec. 9215. Disaster and emergency relief program
Enables DOT to make grants to Amtrak for capital projects
and continued operations during disruptions due to natural
disasters and emergency events.
Sec. 9216. Recreational trail access
Requires Amtrak to report to Congress before implementing a
new policy or operation that may impede recreational trail
access.
Sec. 9217. Investigation of substandard performance
This section amends 24308(f) of title 49, U.S. Code to
clarify that a Surface Transportation Board investigation of
substandard performance may be triggered by either of the
following: (1) failure to achieve the on-time performance
(``OTP'') standard measured by all station stops on a route or
(2) failure to achieve the on-time performance standards
established under section 207 of the Passenger Rail Investment
and Improvement Act of 2008. These two standards are
independent of one another and either is enforceable regardless
of whether the other has been implemented or found to be
unenforceable for any reason.
Improving Amtrak's on-time performance is a major
priority--to enjoy continued success, intercity passenger rail
service must be a reliable and trip-time competitive way to get
from Point A to Point B on time. To that end, this section
clarifies that Congress has established two distinct triggers
for an investigation into substandard performance. The first
on-time performance standard, the ``all stations'' standard,
mirrors Amtrak's statutory goals as reflected in Section 9201,
and is based on one of the metrics currently used by Amtrak to
measure performance. All stations OTP measures whether trains
arrive at each station within 15 minutes of the scheduled
arrival time. The minimum standard is 80 percent for two
consecutive calendar quarters--if Amtrak fails to achieve that
standard, an STB investigation may be triggered.
The all stations OTP standard holds the railroads
accountable for meeting customer expectations at all stations,
regardless of whether those stations are urban or rural, busy
or less so. The needs of rural Americans are important to the
Committee, and the all stations OTP standard holds the
railroads accountable to rural riders. Further, by establishing
this OTP metric and standard in statute, Congress brings
certainty to Amtrak and its host railroads.
At the time of drafting, the Federal Railroad
Administration has not yet finalized a rulemaking to establish
on-time performance standards under section 207 of the
Passenger Rail Investment and Improvement Act of 2008. In a
March 31, 2020 Notice of Proposed Rulemaking, FRA proposed to
establish a customer OTP metric, which represents the total
number of customers on an intercity passenger rail train who
arrive at their detraining point within 15 minutes of their
published scheduled arrival time divided by the total number of
customers on such intercity passenger rail train. FRA is
proposing a minimum standard for customer OTP of 80 percent for
any two consecutive calendar quarters. The Committee believes
that the all stations OTP standard and the customer OTP
standard achieve complementary goals, and appropriately
function as independent triggers for an STB investigation.
Sec. 9218. Amtrak cybersecurity enhancement grant program
Enables the Secretary to make grants to Amtrak for cyber
resiliency improvements, consistent with cybersecurity
standards set by the National Institute of Standards and
Technology.
Sec. 9219. Amtrak and private cars
Requires Amtrak to review recent policy changes regarding
the transportation of private railcars by Amtrak trains and
evaluate opportunities to strengthen the service.
Sec. 9220. Amtrak office of community outreach
Requires Amtrak to establish an Office of Community
Outreach to improve engagement with local communities affected
by Amtrak operations. Also requires an annual report from
Amtrak of changes made to capital improvement project plans and
general operations after engagement with affected communities.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 9301. Northeast Corridor Commission
Incorporates minor updates to the Northeast Corridor
Commission provisions, including terminology changes and slight
modifications to the Commission's membership provisions.
Sec. 9302. Northeast Corridor planning
Requires the Northeast Corridor Commission to submit a
strategic development plan that identifies key state-of-good
repair, capacity expansion, and capital improvement projects
planned for the Northeast Corridor.
Sec. 9303. Protective arrangements
Directs the FRA Administrator to adhere to current law that
requires that applicants seeking FRA grants for some types of
projects agree to comply with protective arrangements that are
equivalent to those established under the Railroad
Revitalization and Regulatory Reform Act of 1976. Those
protective arrangements are intended to ensure that workers are
not harmed as a result of a project funded by an FRA grant.
Sec. 9304. High-speed rail funds
Directs DOT to re-obligate funds for high speed rail
projects back to their intended recipients.
TITLE IV--COMMUTER RAIL POLICY
Sec. 9401. Surface Transportation Board mediation of trackage use
requests
Requires that a rail carrier must provide good faith
consideration to a provider of commuter rail transportation's
reasonable request for access to trackage and provision of
related services.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use
requests
Requires that a rail carrier must provide good faith
consideration to a provider of commuter rail transportation's
reasonable request for access to rail right of way.
Sec. 9403. Chicago Union Station improvement plans
Directs Metra and Amtrak to develop 1-year and 5-year
capital improvement plans for Chicago Union Station.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
Sec. 9501. National Academies study on safety impact of trains longer
than 7,500 feet
Long trains place different operational demands on the rail
network and workforce. This provision begins a National
Academies study on the safety impacts of trains longer than
7,500 feet in a variety of terrains and conditions. The study
will consider safety factors, such as loss of communication
between crew members and train load composition.
Sec. 9502. GAO study on changes in freight railroad operating and
scheduling practices
Initiates a GAO report on the industry-wide impacts of the
Precision Scheduled Railroading model. Directs GAO to take a
holistic look at the impacts on freight rail shippers, Amtrak,
commuter railroads, and railroad employees.
Sec. 9503. FRA safety reporting
Amends FRA accident report forms to collect information on
train length and crew size.
Sec. 9504. Waiver notice requirements
This section requires FRA to engage in a public process
before granting waivers from railroad safety standards and
regulations. FRA must give the public notice of a waiver
request, make available a waiver application and any supporting
data, and provide the public with notice and an opportunity to
comment on waivers before they are finalized.
Sec. 9505. Notice of FRA comprehensive safety assessments
Requires that, not later than 10 business days after the
FRA initiates a comprehensive safety assessment of an entity
providing regularly scheduled intercity or commuter rail
transportation, the FRA must notify the House Transportation
and Infrastructure Committee, the Senate Commerce, Science, and
Transportation Committee, and each member of Congress
representing a state in which the service that is the subject
of the assessment being conducted is located. Additionally, not
later than 90 days after the comprehensive safety assessment is
complete, FRA must transmit the findings of the assessment to
such Committees and Members of Congress.
Sec. 9506. FRA accident and incident investigations
Requires DOT to create a standard process during FRA
accident and incident investigations for gathering information
about the accident or incident, and consulting for technical
expertise with railroad carriers, contractors or employees or
employee representatives, and other relevant entities. In
developing the process, the Secretary shall factor in ways to
maintain confidentiality of such entities when requested and
appropriate.
Sec. 9507. Rail safety improvements
In response to the recommendations the National
Transportation Safety Board (NTSB) issued following the
December 2017 Amtrak derailment near DuPont, Washington, this
provision directs DOT to complete a study on how signage can
improve rail safety, reevaluate seat securement mechanisms and
identify means to prevent their failure, develop policies for
the safe use of child safety seats, and conduct research to
evaluate the causes of passenger injuries in passenger railcar
derailments and overturns, and use such findings to develop
occupant protection standards. The section also directs Amtrak
to improve its training and skill proficiency requirements for
operating crewmembers, to ensure that wayside signs and plaques
are highly noticeable and strategically located, to ensure all
operating documents are current before starting new or revised
operations, to take measures to improve its system safety plan
and conduct risk assessments on all new or upgraded services.
FRA and Amtrak must report on their progress within 18 months.
Sec. 9508. Annual review of speed limit action plans
The FAST Act mandated that railroad carriers providing
intercity or commuter rail passenger transportation survey
their systems and develop plans that identify each main track
location where a reduction of more than 20 miles-per-hour
exist, ensure compliance with the maximum authorized speed at
each location, describe actions to enable warning and
enforcement of maximum authorized speed, and set milestones for
implementing such actions. As recommended in the NTSB DuPont
derailment accident report, this section expands the mandate to
require that carriers review their plans annually to ensure
they are effective, and that carriers submit revised plans to
the Secretary for approval prior to implementing any
operational or territorial change. New intercity or commuter
rail passenger transportation service must comply with the
safety requirement prior to beginning operation.
Sec. 9509. Freight train crew size safety standards
Includes a two-person crew requirement that generally
requires that freight trains have a certified engineer and a
certified conductor. Limited exemptions are included for short
line and small railroads, but no exemptions are available for
trains carrying dangerous hazmat and long trains, which must be
staffed with two crewmembers.
Sec. 9510. Safe cross border operations
Prohibits the Secretary from granting or modifying a waiver
to allow mechanical or brake inspections of rail cars to be
performed in Mexico in lieu of complying with the certification
requirements of section 416 of the Rail Safety Improvement Act
of 2008. This section also prohibits railroad employees whose
primary reporting point is in Mexico from entering the U.S. to
perform train or dispatching service unless the Secretary
certifies that such workers are subject to certain specific
safety standards that apply to U.S.-based crews. If the
Secretary certifies that such safety standards are met, the
Secretary must publicly notice, seek public comment, and hold a
public hearing on such certification notice, and notify
Congress.
Sec. 9511. Yardmasters hours of service
Makes yardmaster employees subject to FRA's hours of
service protections, defined as individuals responsible for
supervising and coordinating the control of trains and engines
operating within a rail yard.
Sec. 9512. Leaking brakes
Directs the FRA to take such actions as are necessary to
ensure that certain air brake control valves that leak in cold
weather conditions are phased out on rail cars operating in
cold regions of the United States. The section also requires
the FRA to report annually on the progress made to phase out
the air brake control valves and any actions the agency has
taken.
Sec. 9513. Annual report on PTC system failures
Establishes an annual reporting requirement for positive
train control (PTC) system failures.
Sec. 9514. Fatigue reduction pilot projects
Requires the Secretary to conduct fatigue pilot projects
mandated in the Rail Safety Improvement Act of 2008 and directs
that the projects be developed and evaluated in coordination
with the labor organizations representing impacted employees.
The section also permits the Secretary to reimburse
participating railroads for associated costs and authorizes
funds for such purpose. If the pilot projects have not begun
one year after the date of enactment, then the Secretary must
report to Congress on the pilot project status, FRA efforts and
challenges, and other details associated with their
development.
Sec. 9515. Assault prevention and response plans
Requires passenger and commuter railroad carriers to
implement response plans and employee training in order to
address assaults against both passengers and employees. The
section also requires railroads to report annual assault data
to FRA.
Sec. 9516. Critical incident stress plans
Amends FRA regulations to include assault in the definition
of a critical incident, after which railroad carriers must
offer support services to employees who witness or experience
such events.
Sec. 9517. Study on safety culture assessments
Requires the FRA to conduct a study on the feasibility of
expanding the scope of railroad safety culture assessments and
training to include tourist, passenger, and commuter railroads.
Subtitle B--Grade Crossing Safety
Sec. 9551. Grade crossing separation grant
To reflect the significant demand for funds to support
grade separation projects, this section creates a new grant
program authorized at $2.5 billion over five years to build or
improve grade crossing separations. Right-of-way owners must
contribute at least 10 percent of the total project costs. No
more than 50 percent of the funds can go to projects that cost
$100 million or more. For projects over $40 million the cost-
share is 80 percent and for projects under $40 million the
cost-share is 85 percent.
Sec. 9552. Rail safety public awareness grant
This section authorizes a new FRA grant program at $30
million over five years with a focus on reducing rail-related
accidents and improving safety along railroad rights-of-way and
highway-rail grade crossings. Eligible programs include public
service announcements and media campaigns, school and driver
education safety presentations, and dissemination of safety
information to communities.
Sec. 9553. Establishment of 10-minute timelimit for blocking public
grade crossings
This section mirrors many state laws by prohibiting a
stopped freight train from blocking a public crossing for more
than 10 minutes and allows the Secretary to impose penalties.
Enforcement of the blocked crossing regulations may also be
delegated to states.
Sec. 9554. National strategy to address blocked crossings
Directs DOT to develop a national strategy to address
blocked crossings.
Sec. 9555. Railroad point of contact for blocked crossing matters
Adds blocked crossings to the grade crossing problems that
the public may report to a railroad under existing law.
Sec. 9556. National highway-rail grade crossing review
Requires the Secretary to review the National Highway-Rail
Crossing Inventory for accuracy and make appropriate changes.
Sec. 9557. Counting railroad suicides
Specifies that the Secretary must include suicides within
its rail crossing and rail right-of-way trespasser death data.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
With respect to the requirement of clause 3(e) of rule XIII
of the Rules of the House of Representatives, changes in
existing law made by the bill, as reported, this section was
not made available to the Committee in time for the filing of
this report. The Chair of the Committee shall have this printed
upon its receipt by the Committee.
MINORITY DISSENTING VIEWS
Committee Republicans oppose H.R. 2, the Investing in a New
Vision for the Environment and Surface Transportation in
America (INVEST) Act, as amended, by the Committee and ordered
reported on June 18, 2020. The partisan Democrat bill, H.R. 2,
as amended, prioritizes climate change, emissions reductions,
and green infrastructure mandates throughout the surface
transportation sector. Most importantly, the price tag for this
bill is $494 billion, a 62 percent increase over FAST Act
levels and there is no consideration for how Americans will be
forced to pay for the Majority's irresponsible spending
decisions.
Democrats excluded Republicans from the process of bill
drafting, which prevented bipartisan legislation. H.R. 2, as
amended, prioritizes climate change policy and top-down
regulations and policies that fail to strengthen our core
surface transportation programs. In fact, Chair DeFazio noted
during the Democrat infrastructure package press conference;
which ostentatiously occurred while in recess during markup,
``This is the application of the principles of the green new
deal.''\1\ At a time of great uncertainty in America, we should
not further jeopardize our transportation policies with these
partisan messaging provisions rather than true solutions.
---------------------------------------------------------------------------
\1\ Rebecca Beitsch, Democrats unveil $1.5 trillion infrastructure
plan, The Hill, June 18, 2020, quoting Chair DeFazio, available at
https://thehill.com/homenews/house/503427-democrats-unveil-15-trillion-
infrastructure-plan.
---------------------------------------------------------------------------
Chief among these provisions is the pervasive interweaving
of climate change policy throughout surface transportation
programs. For example, Section 1201 requires the Department of
Transportation (DOT) to establish a new greenhouse gas (GHG)
emissions performance measure on all public roads. Under the
Democrats' bill, $2 out of every $5 in this bill is tied up in
Green New Deal goals, either in new programs or new green
requirements for existing programs. The over $200 billion for
climate includes new programs to reduce carbon emissions across
a wide range of highway, transit, and rail projects; creates a
new Community Climate Innovation Grants program (sec. 1304);
and creates a new Gridlock Reduction Grants (sec. 1306) that
only the ten largest cities are eligible for. This foundational
pillar of the Democrat bill amounts to removing the focus on
our core highway and bridge programs, limiting state
flexibility through top-down directives, and favoring urban
issues over rural challenges.
Another example of the ``application of the principles of
the green new deal'' is forcing states to implement a ``worst-
to-first'' approach prioritizing state of good repair projects
over projects that increase road and bridge capacity. Under
Section 1201, States must use National Highway Performance
Program (NHPP) funds to conduct analysis on state of good
repair and operational improvements to existing facilities
before building new highway capacity. Not only does this
mandate limit state flexibility to manage their transportation
assets, it starves rural areas of much-needed new capacity.
To further favor urban areas, the bill provides a 72
percent increase to transit funding and a 449 percent increase
to commuter and passenger rail programs. There is a similar
theme in the Democrats' transit and rail policy--prioritization
of climate and greenhouse gas reduction. Specifically, in
section 2105, the purpose of the Federal Transit Program is
changed to include carbon pollution reduction. This should not
be the focus of the transit program. Additional directives
expand the transit mission to include promotion of affordable
housing and increasing frequency of bus service and fleet
expansion (sections 2701-2703). Again, removing focus from core
highway and bridge programs and limiting state flexibility is a
recipe for disaster. The funding increases dwarf the increases
for highway programs (42 percent).
Glaring omissions from the Democrat bill speak to common-
sense priorities that were included in an amendment in a nature
of substitute, the Republican Alternative, to H.R. 2--The
Surface Transportation Advanced through Reform, Technology &
Efficient Review Act (STARTER Act) (H.R. 7248). The STARTER Act
ensures state flexibility by preserving state decision-making
and rejecting new federal mandates that dictate local funding
priorities regardless of actual needs. States are allowed to
flex funding from urban areas to small urban and rural areas,
and a pilot program is created to allow block grant funding to
prioritize state transportation needs across all core programs
to get projects done faster, while still meeting performance
standards. Furthermore, the STARTER Act provides a 10 percent
increase above FAST Act funding levels, with the increases
going to core highway, bridge, safety, and rural transit
programs only.
Another substantial shortcoming within H.R. 2, as amended,
is the Democrats' failure to address permit streamlining or
efficient project delivery, despite strong and broad interest
on this issue from several different infrastructure
stakeholders. In contrast, the STARTER Act codifies the
President's One Federal Decision (OFD) Executive Order (E.O.
13807), which builds upon the significant progress the
Administration has made in fulfilling legislative mandates for
streamlining permitting and project delivery. With limited
federal funding available, common-sense regulatory changes that
preserve the environment allow us to stretch our funding by
delivering projects sooner. Time is money.
The STARTER Act also prioritizes the core programs and
functions of our federal surface transportation programs, a
stark contrast to the Democrat bill. The STARTER Act fosters
innovation and incorporation of technology to improve our
infrastructure by renewing a competitive grant program for
advanced transportation technologies to prepare for the use of
automated technologies in rural areas.
The STARTER Act includes resilience improvements that
focusing on cost-effective deployment of resilient
infrastructure and mitigation strategies. The Republican bill
eschews top-down mandates prevalent in the Democrat bill.
The STARTER Act protects core transportation programs that
are critical to rural communities by supporting greater
mobility options through increased rural transit funding set-
asides, establishing a Rural Starts program within the Capital
Investment Grants program, increasing rural shares of existing
transit programs, and reducing regulatory hurdles for rural
communities.
The STARTER Act addresses the long-term sustainability of
the Highway Trust Fund by creating a national Vehicle Miles
Traveled (VMT) pilot program to build upon successful state
pilot programs for VMT and alternative revenue collection
models. This important provision will prepare us to transition
to a sustainable revenue collection model within the next five
years; which is a key consideration omitted from H.R. 2, as
amended.
The failure to craft a bipartisan, broadly supported bill
is particularly disheartening as authorization for surface
transportation programs will lapse on September 30, 2020.
Democrats will continue this partisan process by loading it up
with wish list items before bringing it the floor. Sadly, the
House will pass this legislation on party lines and the Senate
is unlikely to take up this bill. This misses an opportunity to
create legislation with a real chance of becoming law, like the
bipartisan Senate surface bill has. Committee Republicans
believe that the Committee has missed a huge opportunity.
Unfortunately, the process and outcome here today are no
different than H.R. 6800, the HEROES Act, and the ``Moving
Forward Framework.'' The Majority, following their peers in the
House, passed another bill that is nothing more than a
messaging exercise and will not do a single thing for our
Nation's infrastructure. H.R. 2, as amended, will not help our
states and communities execute the projects they are desperate
to do. This legislation will not spur infrastructure projects
and therefore will not help Americans get back to work.
Similar to H.R. 5120, the SAFER Pipelines Act, which is
still waiting in legislative limbo, the Majority, directed by
the Speaker, has again opted for partisan messaging instead of
bipartisan legislating. This leaves a trail of unauthorized
programs and does not move the needle on safety, resiliency, or
other important items within this Committee's vast
jurisdiction.
As H.R. 2, as amended sails to the floor, the Majority is
still adding wish list items to this bill ahead of inevitable
floor passage. A bad bill will get worse, and we urge our
fellow Republicans to oppose this partisan legislation compiled
without our input.
Sam Graves,
Ranking Member.
Rodney Davis,
Ranking Member, Subcommittee
on Highways and Transit.
Rick Crawford,
Ranking Member, Subcommittee
on Railroads, Pipelines,
and Hazardous Materials.