[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).
---------------------------------------------------------------------------
    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.